Madhya Pradesh High Court
Chinmaya Nayak vs Smt. Smita Nayak on 15 September, 2014
Cr.R. No.1524 of 2008
15.09.2014
None present for the parties.
This revision under Section 397(1) of the Criminal
Procedure Code has been filed by the applicant / h usband
against the order dated 26.02.2008 passed by the learned
First Additional Principal Judge, Family Court, Bhopal in
M.J.C. No.244 /2006, whereby the Family Court awarded the
maintenance amount of Rs. 3,000 / - per month to the
respondent / wife.
This revision is of the year 2008. Since none is present on behalf of the applicant, it seems that with the passage of time, the applicant has lost interest in prosecuting the case. Hence, this revision deserves to be dismissed in default.
Perused memo of revision and order under challenge with the record.
Learned Family Court rightly held, after appreciation of evidence, that the respondent is legally wedded wife of applicant.
Ground of impotency was taken by the respondent wife for her separate living. Where husband is impotent, the wife is entitled to maintenance. Impotency of husband would amount to both legal/mental cruelty, wife is entitled to live separately and claim maintenance from husband. Sirajmohmedkhan Janmohamadkhan v. Hafizunnisa Yasinkhan, AIR 1981 SC 1972. Where husband, unable to lead sexual life, could not gain potency, it is sufficient ground for the wife to live separately and claim maintenance. Ashok Kumar Singh v. VIth Addl. Sessions Judge, Varanasi, AIR 1996 SC 333. It is the obligation of the husband to maintain wife, father to maintain children and son to maintain parents. It will, therefore, be for him to show that he has no sufficient means to discharge his obligation: Rajathi vs. C. Ganesan (1999) 6 SCC 326. Means does not signify only visible means, such as real property or definite employment: Basanta vs. Sarat 1982 CrLJ 485 . An able-bodied person has sufficient means: Kandaswami vs. Angammal AIR 1960 Mad 348:
1960 CrLJ 1098.
In this legal position learned Family Court rightly held that the applicant also having sufficient means of income to pay maintenance and, therefore, rightly awarded the maintenance amount.
Hence, on the merits also, this revision under Section 397(1) of the Criminal Procedure Code deserves to be dismissed.
Accordingly, the revision is dismissed. A copy of this order be sent to the learned Court below with the record.
(Subhash Kakade) Judge ak/