The Madhya Pradesh High Court directed a man to pay maintenance to his wife since the man (petitioner) resiled from promises made in the agreement therefore, it cannot be said that petitioner is living separately by mutual consent.
The court directed the man (respondent) to pay the maintenance of Rs.5,000 per month to a woman (petitioner) and Rs.2500 each per month be paid to the son and daughter (also petitioners).
The maintenance is payable from the date of filing of application. Non-applicant is also directed to pay arrears within six months from date of order, the court order said.
The woman was married to respondent on 05.06.1994 as per Muslims Rites and Rituals. From said Nikah, the petitioner (woman) was blessed with son and daughter. The man (respondent) started harassing the petitioners as he was having illicit relationship with other woman.
The man forced the petitioner in executing an agreement by which she agreed that respondent will pay maintenance of Rs.2,000 with annual increment of 10% and further make available one acre land for agriculture and also given her Bidi Bundles containing 2000 Bidies, the court order said.
She separated from respondent believing agreement dated 11.07.2019 but he violated the agreement, the court order said.
The man is having sufficient agricultural land and his annual income is about Rs.20 lacs, the court order said.
The Court (Family Court) below dismissed the application for grant of maintenance on the ground that petitioner is living separately on the basis of mutual agreement, the court order.
Since petitioner is living separately from non-applicant with her consent, therefore, her application for maintenance under Section 125(5) was dismissed and she was given liberty to assail agreement/letter in accordance with law, the court order said.
The high court allowed the revision of the woman.
