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V. R. K. KRUPA SAGAR
Shaik Nagur Vali – Appellant
Versus
Shaik Gowsya – Respondent
ORDER :
1. Parties to the case are Mohammedans. The revision petitioner preferred this revision under sections 397 and 401 CrPC impugning the order dated 04.03.2021 of the learned Family Judge - cum - XII Additional District Judge, Guntur in FCOP.No.114 of 2017 which directed him to pay monthly allowance of maintenance to his wife and two minor children.
2. Respondent No.1 is the wife. Respondent Nos.2 and 3 are the minor children. Respondent No.4 is the State.
3. Sri Phani Teja, the learned counsel for revision petitioner and Sri Srinivasa Rao Modukuri, the learned counsel for respondents argued their respective contentions and cited rulings in support of their respective contentions. To appreciate the rival submissions, the following aspects are to be noticed.
4. The marriage between the man and the woman was solemnized on 07.12.2009 according to Mohammedan law and principles. During their wed lock, they were blessed with two children who are now attending their school education. The family went along till the year 2017 and it was in that year, the woman and her two minor children filed a petition under section 125 CrPC praying the learned Family Judge to grant a monthly allowance of
The court affirmed that non-compliance with maintenance orders can lead to striking off the defense in family law cases, ensuring dependents receive necessary support.
The court affirmed that willful default in maintenance payments justifies striking off a defense in family law proceedings.
The right to cross-examine witnesses is fundamental in maintenance proceedings, and its curtailment without just cause is legally impermissible.
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
The main legal point established in the judgment is the importance of considering the affidavit of assets and liabilities in determining the quantum of interim maintenance allowance and the need for ....
Important points:The power to strike off defences can be exercised by the Family court in cases of civil nature handled by it when the wilfull default of the respondent to comply with the direction t....
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
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