IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Sudam Namdeo Dudhkor – Appellant
Versus
Sau. Chabu Alias Shobha Dudhkor – Respondent
JUDGMENT :
[URMILA JOSHI-PHALKE, J.]
1. Heard.
2. Admit. Heard finally with the consent of learned counsels appearing for the parties.
3. By this revision application, the applicant has challenged the order passed by the Family Court, Yavatmal, enhancing the maintenance amount granted to the non-applicant Nos. 1 and 2 by order dated 14/02/2023, by which the Family Court has awarded the maintenance at the rate of Rs. 4,000/- per month to the non-applicant No. 1 and Rs. 2,000/- to the non-applicant No. 2.
4. The brief facts of the case which are necessary for the disposal of the revision application are as follows:
The non-applicant No. 1 is the legally wedded wife of the present applicant, and out of wedlock, the birth of non- applicant No.2 took place. The non-applicants 1 and 2 have filed the petition for maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as “the Cr.P.C.”). Initially, bearing Misc. Criminal Application No. 74/2011 and maintenance at the rate of Rs. 700/- per month to the non- applicant No. 1 and Rs. 500/- per month to the non-applicant No. 2 were granted.
5. The Criminal Misc. Application No. 5/2020 was filed by the non-applicant No.
Maintenance under Section 125 Cr.P.C. is a social justice measure to ensure a deserted wife and children receive adequate financial support, reflecting their standard of living during marriage.
The court upheld the Family Court's decision to enhance maintenance, emphasizing the need for financial support to ensure a dignified standard of living for dependents.
Maintenance under Section 125 aims to prevent destitution, ensuring support for a wife and children based on the husband's means, regardless of the wife's income.
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....
A husband’s legal obligation to maintain his wife and children must be fulfilled despite claims of financial hardship, unless convincingly demonstrated otherwise.
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
(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 reaffirmed the husband's legal obligation to maintain his wife and children, emphasizing that neglecting this duty cannot be justified by the wife's earning capacity.
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