CrL.A.     OF 2010 @ SLP(CRL.) 5287 OF 2010 1

      IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2161   OF 2010 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 5287 OF 2010

KARNIK HARSHADBHAI SHAH ..... APPELLANT

VERSUS

PRITI KARNIK SHAH & ANR. ..... RESPONDENTS

O R D E R

1. Leave granted.

2. We have heard learned counsel for the parties.

3. The Family Court rejected the application filed by  

the respondent-wife for maintenance under Section 125 of  

the  Criminal  Procedure  Code  but  awarded  Rs.  3,000/-  per  

month  as   interim  maintenance  to  the  daughter  of  the  

couple.   In  an  appeal  taken  to  the  High  Court,  at  the  

instance of the wife,  the High Court has awarded a sum of  

Rs. 5,000/- per month as interim maintenance under Section  

125 of the Code of Criminal Procedure to the wife as well.  

It is this part of the order that has been challenged by  

the appellant in this appeal.  The only reason given by the  

High  Court  in  awarding  a  sum  of  Rs.  5,000/-  to  the  

respondent-wife is that the income of the wife was a factor

CrL.A.     OF 2010 @ SLP(CRL.) 5287 OF 2010 2

which  was  irrelevant  for  determining  her  right  to  

maintenance under Section 125 of the Cr.P.C.  We are of the  

opinion that this is against the provision aforesaid as the  

income of the wife is indeed a relevant consideration.  We  

also see from the order of the High Court that it does not  

give any reasons for  overturning the order of the Family  

Court.   We,  accordingly,  set  aside  the  impugned  order  

insofar as it directs the payment of Rs. 5,000/- per month  

to the respondent wife.  However, payments made to the wife  

pursuant to the orders of this Court dated 16th July, 2000  

will remain with her.  We, further, direct that any other  

amounts deposited in the High Court shall also be paid to  

the wife  forth with.  The parties are directed to appear  

before  the  Family  Court  on  25th November,  2010,  for  

reconsideration of the matter.

4. The appeal stands disposed of in the aforesaid terms.

........................... J

      [HARJIT SINGH BEDI]

........................... J

      [CHANDRAMAULI KR. PRASAD]

NEW DELHI OCTOBER 25, 2010.

CrL.A.     OF 2010 @ SLP(CRL.) 5287 OF 2010 3