Facts
The petitioner, the respondent’s wife, sought maintenance, alleging physical and mental harassment and neglect.
Source reference: pp. 3–6She claimed that the respondent earned substantial income from agricultural land and sought ₹15,000 per month.
Source reference: pp. 3–6The Magistrate awarded ₹5,000 per month, noting that she had not produced material substantiating the respondent’s income.
Source reference: pp. 3–6In appeal, she produced RTC records relating to land owned by the respondent’s mother; the appellate court dismissed the appeal and confirmed the award.
Source reference: pp. 3–6The petitioner then filed this revision seeking enhancement.
Source reference: pp. 3–6Issues
Whether the maintenance awarded to the petitioner should be enhanced, given her residence in Chitradurga town and the evidence concerning the respondent’s income.
Source reference: pp. 6–7Whether the RTC records concerning land owned by the respondent’s mother established that the respondent derived income from that land.
Source reference: p. 6Law Applied
The petition was brought under Sections 397(1) and 401 of the Code of Criminal Procedure, which provide for the High Court’s revisional jurisdiction.
Source reference: pp. 1–2It applies the case-specific principle that the amount of maintenance should be reasonable in light of the claimant’s circumstances and expenses.
Source reference: p. 7Reasoning
The Court observed that the petitioner had not substantiated the respondent’s income, and the RTC records did not establish that he derived income from land owned by his mother.
Source reference: p. 6Nevertheless, it considered that the petitioner lived in the district headquarters at Chitradurga and that ₹5,000 per month would not be sufficient to meet her day-to-day expenses there.
Source reference: p. 7On that basis, the Court found an additional ₹2,000 per month appropriate, without making a finding that the respondent earned income from the land in question.
Source reference: p. 7Holding
The High Court allowed the revision in part.
The High Court directed the respondent-husband to pay the petitioner monthly maintenance of ₹7,000, enhancing the Magistrate’s award by ₹2,000.
Source reference: p. 7Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19732
Original Court PDF
M SHASHI ALIS M DHANYAvsR KANTHARAJ
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