REEMA SALKAN versus SUMER SINGH SALKAN

REEMA SALKAN versus SUMER SINGH SALKAN

Where the obligation to maintain is proven and the respondent is qualified and able-bodied, the quantum of maintenance must reflect his past living standards, income, conduct, and relevant inflation/cost indices, rather than notional minimum wages. Respondent to pay Rs.20,000/- per month from January 2010 and Rs.25,000/- per month from June 1, 2018 onwards, superseding High Court’s earlier quantum.

Parties
Appellant: Reema Salkan; Respondent: Sumer Singh Salkan
Jurisdiction
India
Judgment Date
25 September 2018
Procedural Posture
Criminal Appeal / Final Decision on Quantum of Maintenance
Outcome
Appeal allowed. High Court judgment modified.
Legal Topics
Maintenance Under S.125 Cr PC, Interim and Final Maintenance, Obligation to Maintain Spouse
Family Law Criminal Procedure Maintenance Under S.125 Cr PC Interim and Final Maintenance Obligation to Maintain Spouse

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Parties

Reema Salkan

Appellant

Sumer Singh Salkan

Respondent

Procedural Posture

Criminal Appeal / Final Decision on Quantum of Maintenance

Legal Issues

  1. 1 What is the appropriate quantum of monthly maintenance payable by husband to wife under Section 125 CrPC given the proven obligation and circumstances?
  2. 2 Whether the High Court's determination of maintenance based on notional minimum wages was legally tenable?

Ratio Decidendi

Where the obligation to maintain is proven and the respondent is qualified and able-bodied, the quantum of maintenance must reflect his past living standards, income, conduct, and relevant inflation/cost indices, rather than notional minimum wages. Respondent to pay Rs.20,000/- per month from January 2010 and Rs.25,000/- per month from June 1, 2018 onwards, superseding High Court’s earlier quantum.

Court Disposition

Appeal allowed. High Court judgment modified.

Orders

  • Respondent shall pay Rs.20,000/- per month maintenance to appellant with effect from January 2010.
  • Respondent shall pay Rs.25,000/- per month maintenance to appellant with effect from June 1, 2018 until further orders.