IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1080 OF 2008 (Arising out of S.L.P. (Crl.) No.2124 of 2008)

Minakshi Gaur     ...Appellant(s)

Versus

Chitranjan Gaur and Anr.     ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel appearing on behalf of the parties.

The Magistrate dismissed the petition under Section 125 of the Code of

Criminal Procedure, 1973 (for short, `Cr.P.C.') on the sole ground that the wife was a

working lady and had income from properties, as such, she may be able to maintain

herself out of the said income.  The said order has been confirmed by the High Court.

Hence, this appeal by special leave.

According to the case of the appellant, her husband, who is Respondent

No.1 herein, is a graduate in Engineering and his income is Rupees twenty thousand.

In  the  counter  affidavit  filed  before  this  Court,  the  fact  that  the  income  of  the

husband is Rupees twenty thousand per month has not been denied.  However, it has

been asserted that wife's returned  income  is Rs.98,820/- per annum, which shows

that

....2/-

- 2 -

she was earning even less than Rupees nine thousand per month.  Both the wife and

husband are residing at Agra.  In our view, it is not possible for the wife to maintain

herself in the town of Agra with the income of less than Rupees nine thousand per

month.  The husband, who is earning at least Rupees Twenty thousand per month, as

stated by the appellant in  this  appeal  and not  controverted,  is  liable  to  pay some

amount of maintenance to the wife so that she may be able to maintain herself.  In the

facts and circumstances of the case,  we are of the view that  it  would be just  and

expedient to direct the husband to pay Rupees five thousand per month to the wife by

way of maintenance from the date of filing of the petition under Section 125 Cr.P.C.

Accordingly,  the  appeal  is  allowed,  the  impugned  orders  are  set  aside,

petition under Section 125 Cr.P.C. is allowed and Respondent No.1 is directed to pay

maintenance at the rate of Rupees five thousand per month from 1st November, 1998

till 31st July, 2008 in the following manner:

By 31st August, 2008, Rupees fifty thousand;

By 30th September, 2008, Rupees fifty thousand;

By 31st October, 2008, Rupees fifty thousand;

By 31st November, 2008, Rupees One lakh fifty thousand;

By 31st December, 2008, Rupees One lakh fifty thousand;

By 31st January, 2009, the balance amount.

All the instalments shall be paid by way of Account Payee Demand Draft

drawn upon a Bank at Agra, in favour of the appellant–Minakshi Gaur.  The bank

draft shall  be  made over  to  the  wife by  the husband personally or through his

....3/-

- 3 -

representative  within  the  aforesaid  time.   The  current  amount  of  maintenance

beginning from the month of August, 2008, at the same rate shall be paid to the wife

by 15th day of the following month, i.e., maintenance for the month of August, 2008,

shall be paid by 15th September and in the like manner for subsequent months.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 14, 2008.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1080 OF 2008 (Arising out of S.L.P. (Crl.) No.2124 of 2005)

Minakshi Gaur     ...Appellant(s)

Versus

Chitranjan Gaur and Anr.     ...Respondent(s)

O  R  D  E  R

In the order dated 14th July,  2008, the words “S.L.P. (Crl.)  No.2124 of

2008” be read as “S.L.P. (Crl.) No.2124 of 2005”.

Ordered accordingly.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 29, 2008.