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SUBHASH CHAND
Dinesh Kumar Vishwakarma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This Criminal Revision has been preferred against the impugned judgment dated 14.06.2022 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.165 of 2022, whereby the petitioner-husband was directed to pay the maintenance amount of Rs.35,000/-per month to the opposite party No.2-wife, payable by 10th day of each succeeding month from the date of application i.e. 16.03.2022 and further direction was made to pay the arrears of amount within two months from the date of the order.
2. The brief facts leading to this Criminal Revision are that the maintenance petition was moved on behalf of the opposite party No.2-wife with these averments that she is legally wedded wife of petitioner-husband, namely, Dinesh Kumar Vishwakarma with whom her marriage was solemnized on 03.06.1995 under the Special Marriage Act, 1954. After the marriage, both lived together as wife-husband at Kamardhubi, Nirsa, Dhanbad. The opposite party No.2-wife has left the matrimonial house in the year 2011 and since then she has been residing at her parental house having no source of income to maintain her. The opposite party No.2-wife is dependent upon her parents, w
Award of maintenance – Wife is not entitled for maintenance where she has been refusing to reside with her husband without any reason.
A wife who voluntarily separates from her husband without sufficient cause is not entitled to maintenance under Section 125(4) of the Code of Criminal Procedure.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
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 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.
A wife is not entitled to maintenance under Section 125 of the Code of Criminal Procedure if she leaves her husband without reasonable cause, as established by the court's interpretation of the evide....
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
The main legal point established in the judgment is the requirement for specific evidence of cruelty and the impact on the mental and physical health of the parties to prove grounds for divorce under....
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