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G. A. SANAP
Ashish – Appellant
Versus
Shraddha – Respondent
JUDGMENT/ORDER
1. In this revision application, challenge is to the judgment and order dtd. 27/12/2021, passed by the learned Judge of Family Court No.4, Nagpur, whereby the learned Judge partly allowed the petition filed under Sec. 125 of the Code of Criminal Procedure by non-applicant no.1 (original petitioner no.1) and directed the applicant (original respondent) to pay a sum of Rs.5, 000.00 per month to non-applicant no.1 (wife) and Rs.3, 000.00 per month to non-applicant no.2 (son) towards maintenance.
2. The facts are follows :
The parties in this revision would be referred to by their nomenclature in the petition filed before the Family Court. The marriage between petitioner no.1 and the respondent took place on 21/2/2017. It is stated by the petitioners that before engagement, the parents of the respondent informed that they do not want dowry. However, few days prior to the marriage, father of the respondent demanded Rs.5, 00, 000.00 towards dowry. Father of petitioner no.1 refused to pay dowry, however he helped them by depositing Rs.2, 50, 000.00 in the bank account of the respondent. It is stated that on the day of the marriage, father of the respondent demanded Rs.5, 00,
The legal principle established is that a husband has a duty to maintain his wife and children, and failure to provide adequate evidence of financial hardship can result in the court awarding mainten....
Providing maintenance requires proof of the wife's inability to support herself; unsubstantiated claims do not merit legal relief.
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
Strict proof of marriage is not required in a maintenance proceeding under Section 125 of Cr.P.C.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
Maintenance must ensure reasonable support without unjust enrichment, requiring balance between the parties' financial capacities and needs regardless of income disparities.
Maintenance awarded under Section 125 should ensure the dependent spouse's comfort, considering the standard of living and financial capacity of the spouse obliged to pay.
(1) Compelling a married women to live in her parental home, is also a cruelty.(2) Wife is entitled to enjoy same status which she would have enjoyed in her matrimonial house. Wife cannot be compelle....
The court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
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