VISHNU SARAF Vs. AASHITA SINGHANIA NEE SARAF

JUDGEMENT

(1.) The petitioner who is the husband of the opposite party is aggrieved by the order passed by the learned Additional Principal Judge, Family Court, Calcutta on 30/8/2024 in Misc. Case No. 62 of 2023 allowing the prayer for interim maintenance of the opposite party with cost of Rs.25,000.00 against the petitioner and directing the petitioner to pay interim maintenance to the tune of Rs.80,000.00 per month from the date of filing of the application.

(2.) Learned counsel for the petitioner has referred to Sec. 125 of the Code of Criminal Procedure which demonstrates that a wife unable to maintain herself shall be entitled to maintenance from her husband who despite having sufficient means, neglects or refuses to maintain her. A memorandum of understanding/settlement was entered into by and between the parties on 15/2/2022 wherein the petitioner undertook to pay Rs.32.00 lakhs to the opposite party and pay further amount of Rs.32.00 lakhs after he was exonerated from the criminal case filed against him by the petitioner or the criminal case was closed. According to learned counsel, after payment of Rs.32.00 lakhs to the opposite party she refused to withdraw the criminal case pending against the petitioner and the memorandum of understanding was abandoned. The opposite party has admitted receipt of Rs.32.00 lakhs from the petitioner in her affidavit of assets and liabilities filed before the Learned Magistrate in Misc. Case no. 62 of 2023. Since the petitioner has paid Rs.32.00 lakhs to the opposite party in terms of the memorandum of understanding, she cannot be termed as 'the wife, unable to maintain herself.' Moreover, the order impugned records that the opposite party has a monthly income of Rs.22,000.00 approximately.

(3.) Learned counsel has placed reliance in the authorities in Rajnesh v/s. Neha and Another reported in (2021) 2 Supreme Court Cases 324 and Savitri w/o Govind Singh Rawat v/s. Govind Singh Rawat reported in (1985) 4 Supreme Court Cases 337 in support of his contention.