In this judgment from Apex Court, it was held that, despite the wife was a working lady and had income from properties, “Since both the wife and husband are residing at Agra. In our view, 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, who is earning at least Rupees Twenty thousand per month, as stated by the appellant in this appeal and not controverted, is liable to pay some amount of maintenance to the wife so that she may be able to maintain herself. In the facts and circumstances of the case, we are of the view that it would be just and expedient to direct the husband to pay Rupees five thousand per month to the wife by way of maintenance from the date of filing of the petition under Section 125 Cr.P.C.”
This is the installment scheme devised by Apex Court, which goes into future installments too.
“Respondent No.1 is directed to pay maintenance at the rate of Rupees five thousand per month from 1st November, 1998 till 31st July, 2008 in the following manner:
By 31st August, 2008, Rupees fifty thousand;
By 30th September, 2008, Rupees fifty thousand;
By 31st October, 2008, Rupees fifty thousand;
By 31st November, 2008, Rupees One lakh fifty thousand;
By 31st December, 2008, Rupees One lakh fifty thousand;
By 31st January, 2009, the balance amount.”
Then, in just over 6 months, a settlement is arrived at by the parties and per the settlement terms, all cases between them are quashed in one fell swoop. Read Pages 2 and 3.
Minakshi Gaur Vs Chitranjan Gaur and Anr on 06 February, 2009