2019 CRL L. J. (NOC) 5 (M.P.)
MADHYA PRADESH HIGH COURT
(INDORE BENCH)
GS. AHLUWALIA, J. Pradeep Rajani v. Smt. Rani Rajani.
Cri. R. No. 1367 of 2018, D.20-8-2018.
📌Criminal P. C. (2 of 1974), S.125 Interim maintenance Grant of-Husband claiming that wife having sufficient means to maintain herself – Income of wife prior to filing of application for maintenance cannot be considered while determining entitlement for maintenance Grant of interim mainte- nance of Rs.7000/- per month, proper.
📌Criminal P. C. (2 of 1974), S.125 Evidence Act (1 of 1872), S.114 maintenance-Adverse inference of husband Interim Income Husband doing business of transporter in partnership with his friend on commission basis Neither name of his friend disclosed nor filed affidavit with regard to said business Wife placed on record a copy of registration to show that husband is owner of oil tanker Adverse inference can be drawn against husband for suppression of material facts regarding his income.
📌Criminal P. C. (2 of 1974), S. 125 Interim maintenance Income of wife Husband placed on record bank statements of wife Clarifying that bank account is in joint name of wife and her mother Difficult to ascertain that entire amount deposited in bank belongs to wife alone Wife earning sufficient income for maintaining herself, not established. (Para 15)
📌Criminal P. C. (2 of 1974), S.125 Evidence Act (1 of 1872), S.114 Interim maintenance – Failure of husband to produce on record prima facie document to show income of his wife for assessment year 2014 or for subsequent year No adverse inference can be drawn against wife for making false statement in application about inability to maintain herself.