IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Shaheba Farheen W/o Abdul Haque – Appellant
Versus
Abdul Haque S/o Mohd Safi, – Respondent
JUDGMENT :
1. The present revision application is filed by the applicant/wife and children against the judgment and order dated 30.11.2020 passed by learned Judge, Family Court, Amravati in Application No.E-148/2014.
2. By the said judgment and order impugned, learned Judge of the Family Court granted maintenance to the applicant Nos.2 and 3 @ Rs.1500/- per month and applicant No.4 Rs.1000/- from the non-applicant. It is further directed that the non-applicant shall pay maintenance @ Rs.1500/- to applicant No.2 Wasiya from the date of application i.e. 30.12.2014 till 17.11.2020 i.e. till her marriage. The non-applicant was also directed to pay maintenance @ Rs.1500/- to the applicant No.3 till she marries from 30.11.2020. The further direction was given to pay the maintenance to the applicant No.4 @Rs.1000/- from 30.12.2014 till he attains majority.
3. Brief facts which are necessary for disposal of the revision application are as under:
Applicant No.1/Shaheba, is legally wedded wife of the non-applicant and their marriage was performed on 5.6.1997. From the said wedlock, the births of applicant Nos.2 to 4 took place. As per the allegations, applicant No.1 was ill-treated by the non-ap
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.
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.
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
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.
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
The main legal point established in the judgment is that the term 'wife' under Section 125 of CrPC should be interpreted liberally, considering the social context and the purpose of the provision, to....
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
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.
(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 main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
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