Atul S/O Gajanan Kandele vs Sau. Lakshmi W/O Atul Kandele on 20 February, 2025

Date:

Bombay High Court

Atul S/O Gajanan Kandele vs Sau. Lakshmi W/O Atul Kandele on 20 February, 2025

2025:BHC-NAG:2455


                                                                        1                 8revn185.2024.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH, NAGPUR

                         CRIMINAL REVISION APPLICATION NO. 185 OF 2024


                    APPLICANT                               Atul s/o Gajanan Kandele,
                    (Ori. Respondent)                      Aged about 31 years, Occupation -
                                                           Private, R/o Vastu Nagar,
                                                           Ashok Nagar, Nashik.
                                                           -VERSUS-
                    RESPONDENT                             Sau. Lakshmi w/o Atul Kandele,
                    (Ori. Petitioner)                      Khandve, aged about 27 years, Occu:-
                                                           Private, R/o Chaitanyawadi, C/o
                                                           Sudhakar Girhe, Sagwan, Buldana,
                                                           District 443001.
                    --------------------------------------------------------------------------------------------
                    Mr. S.V. Kulkarni, counsel for applicant.
                    None for the respondent.
                    --------------------------------------------------------------------------------------------

                                     CORAM             : URMILA JOSHI-PHALKE, J.
                                     DATE              : 20/02/2025


                    ORAL JUDGMENT :

1. Heard.

2. Admit. Heard finally with the consent of learned

counsel Mr. S. V. Kulkarni for the applicant.

3. By this revision, the applicant has challenged the

rkn
2 8revn185.2024.odt

judgment and order of grant of maintenance passed by the Family

Court Buldana in Petition No. E-62/2023 dated 23/10/2024.

4. The brief facts of the case, which are necessary for

disposal of the revision application, are as under;

The non-applicant and the applicant are legally

wedded wife and their marriage was solemnized on 04/06/2021

at Panhera Khedi, Tq. Motala, District Buldana as per Hindu Rites

and Religion. The matrimonial relationship is still in existence.

5. As per the contention of the non-applicant, after

marriage, she resumed the cohabitation at the house of the present

applicant. However, she was not treated well, and she was

subjected to discriminatory behavior. Initially, she has tolerated the

said ill-treatment; subsequently, she has filed the report under

Sections 498-A, 323, 500, and 504 read with Section 34 of the

Indian Penal Code, 1860. Subsequently, she has also filed the

proceedings under the Protection of Women from Domestic

Violence Act, 2005, and thereafter, she filed this application for

grant of maintenance. As far as the contention, she was ill-treated

by the present applicant and his family members by asking her for

money to purchase a car, as well as also ill-treated by causing

rkn
3 8revn185.2024.odt

mental and physical cruelty, and on 09/11/2021, she was driven

out of the house, and since then, she is residing at her parents

house.

6. It is contended that since January 2012, she shifted to

Buldana and was admitted into the competitive exam classes for

recruitment in Police Department. She is depending on the help of

her parents, and it is difficult for her to survive, and therefore, she

claimed maintenance.

7. On the other hand, the said application is strongly

opposed by the present applicant by filing a written statement. He

submitted that the non-applicant never turned to cohabit with

him, and she never resided at Buldhana, and therefore, he filed a

divorce petition bearing HMP No. 119/2023 on 05/12/2023. On

05/08/2022, the non-applicant lodged the false report against him

at Dhamangaon Police Station. Thus, it is submitted that it was the

non-applicant who has refused him and left the matrimonial house

without any sufficient reason, and therefore, the application for

grant of maintenance deserves to be rejected.

8. After hearing learned counsel for the applicant and

after giving sufficient opportunity to the non-applicant to appear
rkn
4 8revn185.2024.odt

before this Court, as she fails to appear, the matter is taken for

final disposal.

9. Learned counsel, Mr. Sunil Kulkarni for the applicant,

reiterated the contention and submitted that the applicant is

drawing only a salary of Rs. 21,000/-, and the Family Court has

not considered that the applicant has other responsibilities

towards his parents. He has to incur the expenses towards his

expenses also, and without considering the same, the maintenance

was granted.

10. He further submitted that, in fact, the non-applicant

never resumed the cohabitation, and therefore, no question of

refusal and neglect arises. In view of that, the application deserves

to be allowed, but the Family Court has not considered the same

and granted the maintenance @ Rs. 10,000/-, which is expensive

and exorbitant.

11. After hearing learned counsel for the applicant and on

perusal of the impugned judgment as well as other evidence on

record, it is to be seen whether the applicant succeeded in proving

that she is subjected for ill-treatment and therefore, she has valid

reasons to stay separately and claim a maintenance. To prove the
rkn
5 8revn185.2024.odt

claim, the applicant examined herself by filing an affidavit of

examination-in-chief vide Exhibit No. 40, and she reiterated the

contention. She is cross-examined at length. During her cross-

examination, it has come on record that she has lodged the report

under Section 498-A.

She denied that the application as no source of

income and he has no agricultural land, and only drawing the

salary of Rs. 21,000/-.

12. The non-applicant has also adduced his evidence and

he reiterated the contention that except the salary, there is no

other income he is drawing and therefore, the non-applicant has

not resided along with him. Thus, the non-applicant herself has

withdrawn from his company, and therefore, she is not entitled for

maintenance. He is also cross-examined at length. During cross-

examination, he admitted that he has prefered a petition for

dissolution of marriage. He stated that he is not aware of which

class the non-applicant is taking tuition for and earning money.

13. He further admitted that there is a 498-A complaint

lodged against him and the rest of the contentions are denied by

him, but he admitted that he is working in a company, Glenmark

rkn
6 8revn185.2024.odt

Pharmaceuticals Limited, as a Training Officer and drawing a

salary of Rs. 21,000/-. He submitted that his parents are

dependent upon him.

14. On the basis of the said evidence, the salary slip as

well as the 7/12 extract of the agricultural field, which is in the

name of the father of the present applicant, the amount of

maintenance was granted.

15. The non-applicant has not appeared, though notice is

served upon her. The object of Section 125 Code of Criminal

Procedure is a measure of social justice, especially enacted to

protect women and children, falling within the constitutional

sweep of Article 15(3) reinforced by Article 39 of the Constitution.

Thus, the objective of the provision, then and now, is to assist the

financial assistance to the destitute wives, children, and parents

who are left by their relatives. The Section 125 Code of Criminal

Procedure was conceived to ameliorate the agony, anguish, and

financial suffering of a woman who left her matrimonial house for

the reasons provided in the provision, so that some suitable

arrangements can be made by the court and she can sustain herself

and also her children, if they are with her. It was the concept of

rkn
7 8revn185.2024.odt

subsistence, which did not necessarily mean to lead the life of an

animal, feel like an unperson to be thrown away from grace, and

roam for her basic maintenance somewhere else, and the wife

would be entitled to lead a life in a similar manner as she would

have lived in the house of her husband. Thus, the inherent and

fundamental principle behind Section 125 of Code of Criminal

Procedure is financial assistance to the women who suffer because

of the desertion at the hands of her husband, who is compelled to

live her matrimonial house. As per the law, she is entitled to lead

life in similar manner as she could have in the house of her

husband, and as long as she held entitled to grant of maintenance

within the parameters of Section 125 of Code of Criminal

Procedure, it has to be adequate so that she can live with dignity.

Lastly, it is to be considered that sufficient means has to pay the

maintenance, the wife for living separately for one or the other

reason.

16. In the light of the above principles, if the evidence of

the present case is considered, the non-applicant has left the

matrimonial house, as further allegations were made that she was

ill-treated. This fact is supported by her report filed under Section

rkn
8 8revn185.2024.odt

498-A of Indian Penal Code, 1860, wherein she has alleged that

after marriage she was ill-treated for the demand of money to

purchase the plot and to purchase the car.

17. Learned counsel, Mr. Sunil Kulkarni for the applicant,

submitted that the applicant and his family members are already

acquitted from the charges under Section 498-A of Indian Penal

Code, 1860. There is no dispute as to the fact that to prove the

offence under Section 498-A of Indian Penal Code, 1860,

prosecution has to prove the case beyond reasonable doubt. But

considering the evidence of the victim, it is apparent that the wife

has sufficient reason to stay separate and to leave the matrimonial

house.

18. The intention of the present applicant can be gathered

from the circumstances that he has immediately preferred an

application for dissolution of marriage bearing Case No. 119/2023

in Civil Court, Malkapur. As far as his efforts to bring or fetch back

his wife, i.e. non-applicant is concerned, no efforts are taken by

him to fetch back the wife to cohabit with him. Thus, considering

the evidence on record, the refusal and neglect, and the statement

and the evidence of the non-applicant, it is sufficient to say that

rkn
9 8revn185.2024.odt

there is a sufficient reason for the non-applicant to stay separately

from her husband.

19. As far as quantum is concerned, it is an admitted

position that the applicant is serving as a Trainee in Glenmark

Company and drawing a salary of Rs. 21,565/-. The salary

certificate is on record. The impugned judgment also discloses that

the 7/12 extract, which is filed on record, is in the name of his

father, and it shows that the family is having agricultural land and

there is an income from the said agricultural land also. Thus,

considering the income from the agricultural land and salary, the

Family Court has granted maintenance @ Rs. 10,000/-. At the time

of fixing the quantum of maintenance, the Court has to consider

the status of the husband, as the wife is also entitled to lead the

life as per the status of the husband, and therefore, considering the

same, the amount of Rs. 10,000/- is an appropriate amount.

20. Moreover, the non-applicant has incurred the

expenses towards her daily needs as well as food and clothes, and

therefore, I do not think that the amount of maintenance granted

by the Family Court is exorbitant or excessive.

Thus, the revision has no merits, and being a revision

rkn
10 8revn185.2024.odt

is devoid of merits and liable to be dismissed. Accordingly, I

proceed to pass the following order:

The revision application is dismissed.

[URMILA JOSHI-PHALKE, J.]

rkn

Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 11/03/2025 15:33:19



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Share post:

Subscribe

spot_imgspot_img

Popular

More like this
Related