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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.M.NERLIKAR
Vibha W/o Shailesh Ashpillya – Appellant
Versus
Shailesh S/o Harish Ashapillya – Respondent
| Table of Content |
|---|
| 1. discrepancies in husband’s income claims. (Para 4 , 5) |
| 2. maintenance and compensation ordered by trial court. (Para 6 , 7) |
| 3. adverse inference due to income concealment. (Para 8 , 9) |
| 4. burden of proof on husband for income evidence. (Para 10 , 11) |
| 5. court's decision on compensation and other orders. (Para 12) |
JUDGMENT :
M.M. NERLIKAR, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
2. The affidavit filed by the husband is taken on record. The parties would be referred as husband and wife.
3. The challenge is raised to the judgment and order dated 22/07/2024 passed by the learned Sessions Judge, Wardha. The wife has challenged the said order by filing Criminal Writ Petition No. 856/2024, and the husband has challenged the same by filing Criminal Writ Petition No. 1001/2024. Both the petitions are taken up together for final disposal.
4. The learned counsel for the wife submits that the findings of the Sessions Court in Appeal are perverse as the order of the Trial Court has been modified by granting maintenance amount to wife from Rs.10,000/- to Rs.5,000/- and to son from Rs.10,000/- to Rs.5,000/-. Further,
The burden lies on the husband to prove his income in maintenance cases; failure to do so results in adverse inferences impacting his entitlement.
Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just....
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
The main legal point established in the judgment is the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount under the Protection of Women from Dom....
The obligation of a husband to maintain his wife under Section 125 of the Cr.P.C. is not diminished by the wife's earning capacity, and proper financial disclosures are essential in maintenance proce....
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 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....
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