CrPC S. 125 –  Order dismissing the petition under Section 125 on the sole ground that the wife was a working lady and had income from properties, as such, she may be able to maintain herself out of the said income – Set aside 

[SC] crpc s. 125 –  Order dismissing the petition under Section 125 on the sole ground that the wife was a working lady and had income from properties, as such, she may be able to maintain herself out of the said income – Set aside  – Husband, a graduate in Engineering and his income is Rupees twenty thousand  – Wife's returned income shows that  she was earning even less than Rupees nine thousand per month – It is not possible for the wife to maintain herself in the town of Agra with the income of less than Rupees nine thousand per month –  The husband, is liable to pay some amount of maintenance to the wife so that she may be able to maintain herself – Rupees five thousand per month top be paid to the wife by way of maintenance from the date of filing of the petition under Section 125 Cr.P.C.

2008  PLRonline 0103