G. A. SANAP
Dattatraya Bhaurao Manekar – Appellant
Versus
Anupreeta Dattatraya Manekar – Respondent
JUDGMENT
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.
3. In this criminal writ petition, challenge is to the order dtd. 27/04/2022 passed by the learned Additional Sessions Judge, Darwha, District Yavatmal in Criminal Revision Application No. 19 of 2021, whereby the learned Judge dismissed the revision application and confirmed the order passed by the learned Judicial Magistrate First Class, Darwha. Learned Judicial Magistrate First Class, Darwha vide order dtd. 01/10/2021 had partly allowed the application made by the respondents for enhancement of maintenance under Sec. 127 (3) of the Code of Criminal Procedure (For short 'Cr.P.C.) and thereby quantified the enhanced maintenance.
4. The facts can be summarized as follows: The respondent No.1 is the wife of the petitioner. The respondent Nos. 2 and 3 are the daughters and the respondent No.4 is the son of the petitioner. They had filed Misc. Criminal Application No. 133 of 2013 for maintenance from the petitioner under Sec. 125 of the Cr.P.C. The said application was allowed vide order dtd. 04/12/2015. The petitioner was ordered to pay maintenance of Rs.4, 000.00 per
The responsibility to maintain adult daughters until their marriage and the just and reasonable nature of the enhanced maintenance were the central legal principles established in the judgment.
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
The main legal point established in the judgment is that the maintenance awarded should be just and reasonable, commensurate with the financial status of the husband and the wife's ability to maintai....
The court established that maintenance under Sec. 125 and Sec. 127 of the Cr.P.C. can be enhanced based on changes in circumstances, including inflation and increased income of the non-applicant, rei....
The court upheld the enhancement of maintenance amount for the wife and daughter of the petitioner, considering inflation and the costs of raising a child.
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
A husband's obligation to maintain his wife is a continuing duty that can be adjusted based on substantial changes in financial circumstances, as defined under Sections 125 and 127 of the Code of Cri....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.