MUKIS V. STATE OF U.P.

COURT: High Court of Delhi

CORAM: Hon’ble Shekhar Kumar Yadav,J.

DATE OF JUDGMENT: 19 May, 2022

FACTS

The revisionist has filed this application in revision against an order dated 16.11.2021 issued by the learned Addl. Principal Judge, Family Court, Court No. 01, Aligarh in Case No. 707 of 2017 (Smt Hasin Bano and others Vs Mukis), under Section 125 Cr.P.C., P.S. Akrabad, District Aligarh, ordering the revisionist to pay Rs. 3,000 to opposite party no. 2 and Rs. 2000 to her son from the date of application.

ISSUE RAISED

Whether section 125 of the Crpc is within the ambit of Article 15(3) reinforced by Article 39 of the Constitution?

JUDGEMENT

Justice Shekhar Kumar Yadav pointed out, this provision gives effect to a man’s natural and fundamental duty to provide for his wife, children, and parents while they are unable to provide for themselves. The bench made this observation while dismissing a criminal revision petition filed by one Mukis challenging an order issued by Addl. Principal Judge, Family Court, Aligarh in November 2021 under Section 125 Cr.P.C. ordering him to pay Rs. 3,000 to his wife and Rs. 2000 to her son as maintenance from the date of filing the application for maintenance. The Court noted, based on the facts and arguments presented in the case, that the wife is unable to support herself and that the revisionist had turned her wife against her will due to non-payment of dowry demands. The Court went on to say that there is enough evidence on the record to show that the revisionist’s wife has no independent income, so the revisionist is obligated to help the respondent no. 2 financially (wife).

In terms of the sum, the Court stated that the family court had awarded the wife a minimal, and that if the wife had been living with the revisionist, he would have had to pay at least as much on her. As a result, the Court concluded that the concerned court could not be deemed to have granted an excessive amount. The Court, however, ordered the revisionist to deposit the total sum due against him in three equal monthly installments within three months, as well as pay regular monthly maintenance of Rs. 5000/-.

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