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K. SREENIVASA REDDY
Mohammad Rehan – Appellant
Versus
Shabana Akhtar @ Zubeda – Respondent
ORDER :
Since these Criminal Revision Cases arise out of the same order passed by the Court below, they are being taken up together for disposal by way of this Common Order.
2. These Criminal Revision Cases, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, are filed against the Order dated 04.02.2020 passed in M.C.No.107 of 2016 by the Judge, Principal Family Court-cum-IV Additional District Judge, Vijayawada.
3. The petitioner in Criminal Revision Case No.342 of 2020 is respondent in the M.C. and the respondents 1 to 3 in the said case are petitioners in the M.C., who are the wife and daughters of the petitioner respectively.
4. For sake of convenience, the parties are hereinafter referred to, as they are arrayed in the trial Court.
5. The petitioners filed M.C.No.107 of 2016 before the Court below against the respondent seeking maintenance of Rs.40,000/- each to them, apart from Rs.50,000/- per year to each of petitioners 2 and 3 towards their educational expenses. It is stated in the petition that 1st petitioner is legally wedded wife of respondent. Their marriage was performed on 17.04.2008 at Vijayawada as per muslim rites and customs. They were blessed with two
The central legal point established in the judgment is that the petitioners must prove neglect and the respondent's means to maintain them to succeed in a maintenance case under Section 125 of Cr.P.C....
A wife is entitled to maintenance from her husband if she is unable to maintain herself and the husband has sufficient means to provide maintenance.
A father is liable to pay maintenance to his minor child, even if the child is in the custody of the mother, if he has neglected to maintain the child and has the means to do so.
A husband is liable to pay maintenance to his wife and child if the wife is unable to maintain herself and the husband has sufficient means to maintain them.
Maintenance awarded by the Family Court must not exceed one-third of the paying spouse's income, considering their financial capacity and the needs of the dependents.
: FIXATION OF MONTHLY MAINTENANCE - First respondent as well as the revision petitioner are financially sound- Educational expenses of the respondents 2 and 3, status of the parties and the present e....
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