TEJASWINI Vs. ARAVINDA TEJAS CHANDRA

JUDGEMENT

(1.) WHETHER the expression 'unable to maintain herself contained in Section 125 (1) (a) of the Cr. P. C. can be equated to the expression 'capable of earning' and therefore, in a case where the wife is a holder of a post-graduation degree cannot be said that she is capable of earning and as such, she is not entitled for maintenance. This question has cropped up for an answer in this revision petition filed under Section 19 (4) of the Family Courts Act, by the wife calling in question the dismissal of her petition for maintenance, by the trial Court.

(2.) THE facts are not in dispute in as much as the petitioner was married to respondent on 17. 8. 2005 and there afterwards, petitioner was not looked after by her husband as was expected of her husband and it is the case of the petitioner that she was left in her parents' house by her husband and he did not take her to his house and finally the petitioner had to issue a legal notice and though she expressed her willingness to join her husband, the respondent refused to take her and even refused to take her before the conciliation proceedings. Putting all these facts before the trial Court in her petition under Section 125 Cr. P. C, the wife sought maintenance at rs. 7,000/- per month on the footing that her husband is a lecturer earning rs. 20,000/- per month and also owns a house.

(3.) THE respondent-husband denied all the allegations made by the wife against him and it was his case that the behaviour of the petitioner was not normal and she herself refused to join the respondent. It is also his case that the petitioner was working as an officer in SBI credit card, earning Re. 6,000/ - per month, gave up her job before filing the maintenance petition and it is his further case that his wife being a MBA graduate and also pursuing higher education in Marketing Management, is capable of earning more than Rs. 20,000/- per month and deliberately she is not going for work and therefore the maintenance petition be dismissed.