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Madhya Pradesh High Court · body

2020 DIGILAW 1057 (MP)

Neha v. State of M. P.

2020-10-08

VIVEK RUSIA

body2020
ORDER : 1. Facts of the case, in short, are as under:- The marriage of the applicant and respondent was solemnized on 4.2.2014 under the Hindu customs and rituals. After the marriage, they lived almost two years together, thereafter now they are living in separation since November 2016. The respondent issued a legal notice to the present applicant under section 13 of the Hindu Marriage Act and thereafter filed the petition before the Family Court seeking dissolution of marriage. 2. The present applicant filed an application under section 125 of Cr.P.C. seeking maintenance @ Rs.30,000/- per month from the respondent on the ground that he has neglected or refused to maintain her and she is not having sufficient means to maintain herself. The respondent is working in the M.P. Poorva Kshetra Vidyut Vitran Co. Ltd ( in short : MPPKVVCL) and getting salary of Rs.65,000/- per month and despite that he is not giving any maintenance for her survival. 3. The respondent appeared and filed the reply denying the averments made in the application. He has alleged that the applicant without any reason has deserted him. Her behaviour was not cordial with him. She did not like him due to his baldness. She is well qualified, having the degree of M.Sc. & M.Phil. and working in the Hawabag Women College as Assistant Professor. She is earning Rs.35,000/- per month, therefore, she is not entitled to claim maintenance. 4. The applicant examined herself as PW-1 and got exhibited 23 documents including photographs. The respondent examined himself as DW-1 and did not produce any documentary evidence. 5. After appreciation of the pleadings and the material available on record vide order dated 13.3.2018 learned Family Judge has dismissed the application filed under section 125 of Cr.P.C. 6. Being aggrieved by the aforesaid order the applicantwife has filed the present Revision before this Court along with an application for interim maintenance. The respondent marked his appearance before this Court through counsel on 21.2.2019 and since then this case is being adjourned and arguments could not be taken place on an application for interim relief. 7. The mediation proceeding has ended in the failure on 15.5.2019 between the parties. The respondent has filed a reply to the interim application reiterating his stand already taken before the Family Court. 8. 7. The mediation proceeding has ended in the failure on 15.5.2019 between the parties. The respondent has filed a reply to the interim application reiterating his stand already taken before the Family Court. 8. Shri Bhatnagar, learned counsel for the applicant submits that the learned Family Court has dismissed the application for maintenance taking into consideration the working of the applicant at Hawabag Women College, Jabalpur but since desertion, she is residing at Indore with no source of income. Even her job in the Hawabag Women College was temporary and she used to earn only Rs.155/- per month, therefore, without any valid reason and justification her claim for maintenance has been rejected. He further submits that the respondent is working as a Programmer in the MPPKVVCL and earning more than Rs.70,000/- per month after implementation of 7th Pay Revision. 9. Shri Lucky Jain, learned counsel for the respondent submits that applicant-wife is capable of earning. Being hold of M.Sc. & M.Phil. Degree she cannot claim dependency on the income of the respondent. He further submits that applicant herself has deserted her husband and, hence, the respondent had no option but to file a divorce petition. In support of his contention, he has placed reliance on the judgments passed by the Apex Court in the case of Deb Narayan Halder v. Anushree Halder reported in MANU/SC/0629/2003, in the case of Anil Kachwaha v. Smt. Sunita Kachwaha and Others reported in MANU/MP/0259/2008 and in the case of Madhvi & Others v. Arjun Singh Sisodiya reported in 2016 (II) MPWN 91 = MANU/MP/0160/2016. 10. Facts of the case in respect of marriage, separation and filing of the divorce petition are not in dispute. It is also not in dispute that the respondent is working as a Programmer in the MPPKVVCL and earning a handsome amount more than Rs.70,000/- per month after pay revision. Learned Family Court has dismissed the application filed under section 125 of Cr.P.C. mainly on the ground that at that time she was working as an Assistant Professor in the Hawabag Women College, Jabalpur all the most she was living with the respondent at Jabalpur but after desertion, she has started living with her parents at Indore. Respondent has not produced any material to show that she has any source of income at Indore. Respondent has not produced any material to show that she has any source of income at Indore. Even otherwise she did not have a permanent job at Jabalpur, therefore, prima facie she has no source of income and the respondent-husband has filed a divorce petition against her which is pending before the Family Court. There is no likelihood of early disposal of the divorce petition. Applicant-wife has no source of income and during this Corona epidemic period also the schools and colleges are not functioning , during this time also the applicant has no source of income, therefore, the present application is allowed. As per the pay-slip of 30th September, 2019 the respondent’s pay was Rs.79,117/- and after all deductions he got Rs.63,473/- in his hand, therefore, Rs.10,000/- would be an appropriate amount for the survival of the applicant. The respondent is directed to pay Rs.10,000/- per month to the applicant from 1.10.2020 by way of interim maintenance. If the respondent fails to deposit Rs.10,000/- per month before the Family Court on or before 31st October, 2020 then the Family Court will send a copy of this order to the office of Madhya Pradesh Purva Kshetra Vidyut Vitran Company Limited, for direct deduction of the aforesaid amount from his salary.