ANIL KUMAR JAIN Vs. SHILPA JAIN

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'the Code') is preferred by the petitioner for quashing the order dated 23.08.2012 passed in Criminal Revision No.168/2012 by the Additional Sessions Judge, Ambah, District Morena affirming the order dated 23.06.2012 passed in M.J.C. No.95/2009 by the Judicial Magistrate First Class and Gram Nayalaya, Ambah, District Morena whereby an application under Section 125 of the Code filed by the respondent herein/wife was allowed and the petitioner herein/husband was directed to pay the maintenance to the tune of Rs.10,000/- per month.

(2.) Background facts may be summarized as under:-

(3.) Shri Rajesh Kumar Jain, Advocate who is elder brother of the husband appearing on behalf of the petitioner herein strenuously contended that the wife is not only residing separately without any sufficient cause but she is also capable to maintain herself. Learned counsel further submits that the learned Court below wrongly determined that the husband neglects or refused to pay the maintenance, as from the evidence it is clear that the wife left her matrimonial house voluntarily and went to her parental house. She is well-educated and able to earn and maintain herself but the Court below erroneously determined that she is unable to maintain herself. Regarding the earning of the husband, the learned Court below wrongly determined without legal proof that the husband is capable to maintain his wife. The evidence led by the wife is without any material on record. The learned Court below further wrongly held that the husband has not proved his pleadings. Learned counsel placed reliance upon the following decisions:-