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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ABHAY J.MANTRI
Sujata W/o. Nishant Manwar – Appellant
Versus
Nishant S/o. Ramesh Manwar – Respondent
JUDGMENT :
ABHAY J. MANTRI, J.
1. Heard. Rule. Rule is made returnable forthwith and heard finally by consent of the learned counsel for the respective parties.
2. The original applicant, i.e., the wife being aggrieved by the impugned judgment and order dated 27-09-2024, passed by the learned Judge, Family Court, Aurangabad (for short the ‘learned Judge’) in Petition E-No.98/2021, thereby dismissing the petition filed by the applicant for the grant of maintenance, has preferred this revision application.
3. The learned advocate for the applicant vehemently contended that the learned Judge has not considered the evidence on record in its proper perspective and erred in dismissing the petition, holding that the applicant has suppressed the fact of filing of the Domestic Violence Proceeding (for short the D. V. Proceeding) and the grant of interim maintenance from the court. Similarly, the learned Judge has erred in observing that the applicant has miserably failed to prove that the non-applicant failed and neglected to maintain her. However, the applicant is staying separately from him without any reason. Therefore, he urged that the said findings are contrary to the facts on record and
A wife can seek maintenance under different statutes; non-disclosure of interim maintenance in previous proceedings cannot bar her claim.
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....
Dual maintenance claims are permissible under different statutes, but the applicant must disclose previous orders and justify the need based on changing circumstances for additional relief.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
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 main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
Maintenance under Section 125 Cr.P.C. requires financial disclosure from both parties to ensure just outcomes, and non-compliance does not invalidate previous orders.
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