2025 (7) TMI 1527

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....tum of maintenance from the tune of Rs. 30,000/- granted in disposing an application under Section 125 of the CrPC to the tune of Rs. 20,000/- per month, with effect from the date of the order impugned. 3. Whereas, the revision application being no. 472 of 2024 has been preferred by the husband/ petitioner assailing the same order dated 30.12.2023 with a prayer for further reduction in the quantum of maintenance from the tune of Rs. 20,000/- and also with respect to date of effect which should be from the date of retirement of the estranged husband. Background Fact:- 4. Both the parties to the revision applications were married and a male child was born out of the wedlock. In the wake of a distressing matrimonial discord, petitioner initiated proceedings under Section 125 CrPC for maintenance, which was disposed of by promulgating an order of maintenance to the tune of Rs. 30,000/- per month in favour of the petitioner/wife. 5. Considering the changed circumstances i.e. retirement of the opposite party /husband, one application under Section 127 CrPC was filed by the husband for seeking reduction of the maintenance which was also disposed of by an order thereby reducing....

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.... Bengal & Anr., 2023 SCC OnLine Cal 3312 • Kusum Sharma vs. Mahinder Kumar Sharma., 2015 SCC OnLine Del 6793 • Radhika vs. Vineet Rungta., 2004 SCC OnLine Del 6793 • Shamima Farooqui vs. Shahid Khan., (2015) 5 SCC 705 • Parvin Kumar Jain vs. Anju Jain ., (2025) 2 SCC227 10. Per Contra, Mr. Asit Baran Raut, appearing on behalf of Opposite Party in CRR 770 of 2024 & for the Petitioner in CRR 472 of 2024 at the very outset has denied all the distorted facts and figures adduced by the petitioner in connection with the earnings of the opposite party. By relying on the annual return for assessment year 2024-2025 duly furnished by the Income Tax Authority, the opposite party/estranged husband has vehemently contended that his total annual income stands at Rs. 5,13,890/- which includes income from all sources i.e. income from savings account, dividend income etc. and if the said amount is divided by 12, it comes to roughly Rs. 42,824/- per month. Therefore, the amount of maintenance which has already given to the petitioner by the Ld. Magistrate is quite reasonable and justified as the petitioner can easily maintain herself with such a....

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....g through the materials on record, only two decisive questions have come up for adjudication which are as follows:- Issue A:- Whether the reduction in the maintenance amount by the Ld. Magistrate vide order dated 03.12.2023 is legally sustainable. Issue B:- If the reduction is to be made then should it be made effective from the date of order or the change in the circumstances i.e. the date of retirement of the petitioner in connection with CRR 472 of 2024. 15. At the very outset, it would be pertinent to mention that the main argument of the estranged husband revolves around the factum of financial constraint due to his retirement from service, his own medical expenses and the fact that their son, now 25, is no longer dependant. 16. In this regard, the estranged husband has categorically relied on the annual return for assessment year 2024-2025, duly furnished by the Income Tax Authority under Section 143 (1) of the Income Tax Act wherein the total annual income of the opposite party was assessed to be Rs. 5,13,890/- inclusive of all income sources. By relying on these averments the estranged husband has suggested that the Ld. Magistrate rightly decided on ....

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....change in the society with relation to marital obligations. Therefore, this sharp fluctuation demands for a change in the judicial approach towards the grant of maintenance as well, as maintenance is no longer a hand out to barely cover subsistence. Rather it has now become a tool to preserve life style stability. As a sequel, it fundamentally repositions spousal support as a continuity of living, not compensation for separation. 22. The Hon'ble Apex Court in recent judgments has underscored the importance of the fact that post separation maintenance should mirror the life style of the wife during period of their married life. In the case at hand, the petitioner in connection with CRR 472 of 2024 has himself admitted that he has to incur expenses to the tune of Rs. 15,000/- towards his driver's salary. But, ironically he is not inclined to pay maintenance to the tune of Rs. 20,000/- even to the person who has spent a considerable period of her life with him and also with whom he has a son. In this connection, it would be pertinent to mention that any settlements to be arrived at between the parties must take into account actual living standards and cost of inflation. On the othe....