CrL.A. OF 2010 @ SLP(CRL.) 5287 OF 2010
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2161 OF 2010
ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 5287 OF 2010
KARNIK HARSHADBHAI SHAH
.....
APPELLANT
VERSUS
PRITI KARNIK SHAH & ANR.
.....
RESPONDENTS
ORDER
1.
Leave granted.
2. We have heard learned counsel for the parties.
3. The Family Court rejected the application filed by the respondent-wife for maintenance under Section 125 of the Criminal Procedure Code but awarded Rs. 3,000/- per month as interim maintenance to the daughter of the couple. In an appeal taken to the High Court, at the instance of the wife, the High Court has awarded a sum of Rs. 5,000/- per month as interim maintenance under Section 125 of the Code of Criminal Procedure to the wife as well. It is this part of the order that has been challenged by the appellant in this appeal. The only reason given by the High Court in awarding a sum of Rs. 5,000/- to the respondent-wife is that the income of the wife was a factor
CrL.A. OF 2010 @ SLP(CRL.) 5287 OF 2010
which was irrelevant for determining her right to maintenance under Section 125 of the Cr.P.C. We are of the opinion that this is against the provision aforesaid as the income of the wife is indeed a relevant consideration. We also see from the order of the High Court that it does not give any reasons for overturning the order of the Family Court. We, accordingly, set aside the impugned order insofar as it directs the payment of Rs. 5,000/- per month to the respondent wife. However, payments made to the wife pursuant to the orders of this Court dated 16th July, 2000 will remain with her. We, further, direct that any other amounts deposited in the High Court shall also be paid to the wife forth with. The parties are directed to appear before the Family Court on 25th November, 2010, for reconsideration of the matter.
4. The appeal stands disposed of in the aforesaid terms.
........................... J
[HARJIT SINGH BEDI]
........................... J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
OCTOBER 25, 2010.
CrL.A. OF 2010 @ SLP(CRL.) 5287 OF 2010