Shamima Farooqui Vs. Shahid Khan
The Code of Criminal Procedure, 1973 - Section 125
Maintenance - A plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well- Held that these are only bald excuses - They have no acceptability in law - If the husband is healthy, able bodied and is in a position to support himself, he is under the legal obligation to support his wife, for wife's right to receive maintenance under Section 125 CrPC, unless disqualified, is an absolute right - It is the obligation of the husband to maintain his wife - He cannot be permitted to plead that he is unable to maintain the wife due to financial constraints as long as he is capable of earning.
Maintenance - Divorced Muslim Woman - Held that Section 125 CrPC is applicable to a Muslim woman.
Maintenance - Held that sustenance does not mean and can never allow to mean a mere survival - She is entitled to lead a life in the similar manner as she would have lived in the house of her husband - As long as the wife is held entitled to grant of maintenance within the parameters of Section 125 CrPC, it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home - She cannot be compelled to become a destitute or a beggar - An order under Section 125 CrPC can be passed if a person despite having sufficient means neglects or refuses to maintain the wife.
Maintenance - Revisional Jurisdiction - Reduction in amount of maintenance -High Court has reduced the amount of maintenance from Rs.4,000/-to Rs.2,000/- on the ground that respondent husband has retired from service - Held that the High Court has become oblivious of the fact that appellant-divorced wife has to stay on her own - Order of the learned Family Judge is not manifestly perverse - There is nothing perceptible which would show that order is a sanctuary of errors - When the order is based on proper appreciation of evidence on record, no revisional court should have interfered with the reason on the base that it would have arrived at a different or another conclusion - When substantial justice has been done, there was no reason to interfere.
Topic(s)-Section 125 CrPC is applicable to a Muslim woman
Important Decision(s)- A plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well- Held that these are only bald excuses