Summary
The Supreme Court replaced an unnecessary remand in a maintenance case by fixing the wife’s maintenance at Rs 8,000 monthly, in addition to the child’s existing Rs 2,000. The High Court had already found a valid marriage, and the record contained the information needed to assess maintenance.
Issues
- Whether fresh inquiry was necessary after the High Court found a valid marriage and the maintenance evidence was on record.
Provisions considered
- Section 125, Code of Criminal Procedure, 1973The Court fixed maintenance on the existing record, noting the wife’s lack of income and the husband’s RPF salary, while retaining the child’s award. (¶¶ 4, 11–16)
Held
- The High Court should have fixed maintenance itself after finding that the respondent was the legally wedded wife. A remand was unnecessary because no missing factual determination or new evidentiary inquiry was needed; it would only prolong the litigation. (¶ 10–12)
- With the wife lacking independent income and the husband earning about Rs 30,000–35,000 monthly, Rs 8,000 for the wife was appropriate in addition to the child’s Rs 2,000. (¶¶ 11, 13–15)
Result
Appeal disposed of with modification: husband to pay total monthly maintenance of Rs 10,000, comprising Rs 8,000 for the wife and Rs 2,000 for the minor daughter, on the first of every month from 1 March 2019.