SWASTI KAR Vs. GIRIJA SHANKAR KAR

JUDGEMENT

(1.) REFUSAL to grant interim maintenance under Section 125 Criminal Procedure Code to wife and child is assailed in this Criminal Revision. For the purpose of this application there is no dispute that the petitioners are the wife and child of opposite party. On account of differences wife and child are remaining separately and have claimed maintenance in an application under Section 125, Criminal Procedure Code. As provided under Section 125 Criminal Procedure Code, Court has jurisdiction to grant maintenance at such monthly rent not exceeding Rs. 500/ - in the whole. It is also not in dispute that wife is a teacher in a private School at Puri on monthly remuneration of Rs. 400/ - per month. In this background an application for interim maintenance was filed.

(2.) OPPOSITE party husband contested the application on the ground that the wife is earning and application for interim maintenance is only to harass him. Considering the application, Trial Court held that it cannot be said that wife is unable to maintain herself which is the main ingredient to grant maintenance under Section 125 Cr.P.C. It came to conclusion that there is no material that she is going to strave or die till the final order to enjoy the fruits of the proceeding.

(3.) MR . G.S. Rath, learned Counsel for petitioner is correct in his submission that impugned order cannot be sustained since, Trial Court has not considered the question of interim maintenance to child. Besides, starvation or impending death in absence of interim maintenance are not the only consideration for grant of interim maintenance. Existence with self -respect being deprived of company of husband would be the standard to be applied to consider question of interim maintenance in case prima facie case for maintenance is made out. This would depend upon the social economic circumstances in which the wife was brought up before her marriage on marriage and after separation Maintenance of a child would be in accordance with the standard of living of his father. The statutory limit of Rs. 500/ - in this whole cannot be forgotten since the Court has no jurisdiction to grant maintenance beyond the same.