Familial Obligations Do Not Override Primary Duty to Maintain Wife and Child, Rules Court
In a significant ruling, the Allahabad High Court has upheld the decision of the Family Court to enhance the maintenance amount payable by Ajay Verman, a Group-D railway employee, to his estranged wife and minor son. The revision petition filed by Ajay Verman challenging the enhancement was dismissed by Justice Vinod Diwakar, who underscored the primary responsibility of the husband to support his wife and child, irrespective of other familial obligations.
The Family Court had earlier increased the monthly maintenance from Rs. 3,500 to Rs. 8,000 for the wife and from Rs. 1,500 to Rs. 4,000 for the minor son. Ajay Verman, earning approximately Rs. 55,000 per month, contended that the enhancement was excessive given his financial constraints, which include obligations towards his aged parents and unmarried siblings.
However, Justice Diwakar emphasized that the enhancement was justified, considering the husband's financial capacity and the social welfare objective of maintenance provisions under Section 127 of the Criminal Procedure Code, 1973. The court noted that maintenance aims to prevent destitution and vagrancy of the wife, ensuring she maintains a dignified life commensurate with the husband's status.
The High Court further clarified that its revisional jurisdiction is limited and can only be invoked in cases of manifest illegality or material irregularity, none of which were found in the Family Court's order. Consequently, the revision petition was dismissed, reinforcing the husband's obligation to provide for his wife and child adequately.
Bottom Line:
Maintenance under Section 127 Cr.P.C. - Enhancement of maintenance amount upheld by the High Court - Financial capacity of the husband considered sufficient to comply with enhanced maintenance order - Familial obligations do not absolve the husband of his primary responsibility to maintain wife and minor child.
Statutory provision(s): Section 127 of the Criminal Procedure Code, 1973
Ajay Verman v. State of U.P., (Allahabad) : Law Finder Doc id # 2876624
