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(2023) Law Today Live Doc. Id. 18524 = 2024(2) L.A.R. 333
Decided on: 15.09.2023
For Petitioner(s):
Mr. Akshat Shrivastava, AOR, Mr. Satvic Mathur, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 125 – Maintenance to wife – High Court reduced the maintenance from Rs. 5,000/- awarded by the Trial Court to Rs. 1,000/- per month -- No justification for reduction to such extreme lower limit – High court order set aside, Trial Court order awarding Rs. 5,000/ per month as maintenance restored.
(Para 3-5)
ORDER
Leave granted.
2. As per the office report, service of show cause notice is complete on the respondent. No one has put in appearance on behalf of the respondent.
3. We have perused the impugned order dated 21st December, 2022 passed by the High Court of Jharkhand whereby the maintenance amount of Rs. 5,000/ (Rupees Five Thousand), awarded by the Trial Court, is reduced to Rs. 1,000/- (Rupees One Thousand) per month. It is shocking that the maintenance amount has been so drastically reduced to a petty amount of Rs. 1,000/- (Rupees One Thousand) per month for a lady to maintain herself.
4. We find no justification for reduction of the said amount to such extreme lower limit.
5. We, accordingly, set aside the impugned order dated 21st December, 2022 passed by the High Court of Jharkhand and restore that of the Trial Court awarding Rs. 5,000/ (Rupees Five Thousand) per month as maintenance under Section 125 of the Code of Criminal Procedure, 1973.
6. The appeal is, accordingly, allowed
7. Pending application(s), if any, shall stand disposed of.
Appeal allowed.
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