Shabbir Badri Vs. Shabnam Badri (Bombay HC) (CRA 106/2013(1)) (CRA No. 435 of 2012)
17. The wife has only shown the expenses of the children whose custody she has. The parties have two children they are in VIII standard and IX standard. They attend Leelawati Poddar High School.
The term fees per child is in a range of Rs.20,000/ to Rs.24,500/.
18. The learned Judge has considered how the wife can maintain herself.
He has also considered that parties lived together only for 9 months
during 6 to 7 years of marriage after which the wife went to her father's
flat where she lives in reasonable luxury. She went for vacations to various places enumerated in the order in India as well as abroad. She looked after financial affairs of her husband in his absence. She refused to give her marriage another chance after being supported by her community elders. She has also not filed her income tax returns and has suppressed her material facts of income. The learned Judge has considered the fallout of various visits abroad whilst she is a school teacher. The learned Judge has reasonably considered the suppression by both the parties, the income and investments
of both the parties, and their usual standard of living.
19. The learned Judge has considered the respective salaries of the parties and granted maintenance based upon the aforesaid evidence
of Rs.10,000/ each to the children. The learned Judge has not granted
any maintenance to the wife who is a school teacher.
20. The conclusion of the learned Judge that she is capable of maintaining herself cannot be faulted. Hence the impugned order cannot be interfered with in her criminal revision application. Similarly the payment of maintenance only for the children which is also challenged by the husband cannot be faulted in view of his shown and suppressed earnings.
21. Of course this is only in the petition under Section 125 of Cr.P.C
where the wife must show that she cannot maintain herself. She would be entitled to alimony and maintenance as per law in other proceedings between the husband and wife.
22. For the expenses she claims for her children Rs.10000/ per month each granted to the children is seen to be reasonable.