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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
Urmila Joshi-Phalke, J
Ganesh Chauryaji Wattighare – Appellant
Versus
Rekha W/o Ganesh Wattighare – Respondent
| Table of Content |
|---|
| 1. background of maintenance case (Para 2 , 3) |
| 2. applicant's denial of income (Para 4 , 5) |
| 3. evidence and income assessment (Para 6) |
| 4. justification for maintenance (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15) |
| 5. revision application outcome (Para 14) |
JUDGMENT :
2. The applicant who is the original non-applicant has challenged the order of enhancement of maintenance passed by the Principal Judge, Family Court, Nagpur in Criminal M.A. No.63/2016 dated 28/05/2024 is under challenge in this revision application.
A] The non-applicant No.1 and applicant were married as per their rites and customs and out of said wedlock, non-applicant No.2 is begotten. According to the non-applicants, applicant had deserted them, and therefore, she constrained to leave the matrimonial house. She has filed a proceeding under the domestic violence act as well as the FIR under Section 498-A of the Indian Penal Code. She has also filed a petition bearing No.E-149/2001, under Section 125 of Code of Criminal Procedure for maintenance, and said petition was allowed by order dated 20/04/2006 and they were awarded with monthly maintenance of Rs.1500/- and Rs.750/- respectively. Thereafter, the non-appli
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 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 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 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.
A husband’s legal obligation to maintain his wife and children must be fulfilled despite claims of financial hardship, unless convincingly demonstrated otherwise.
(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 ....
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 should be awarded from the date of the application, and evidence is essential to substantiate income claims.
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....
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