J. C. DOSHI
Meghrajsinh S/o Manharsinh Chudasma – Appellant
Versus
Meghaviniba W/o Meghrajsinh Chudasama D/o Prahladsinhji Pradyumansinhji Jadeja – Respondent
ORDER (ORAL)
The destituted lady for herself and her minor daughter preferred Criminal Misc. Application No.1003 of 2016 before the learned Family Court, Rajkot under Section 125 of the Cr.P.C. After battle, she could get relief in February, 2023 by way of the impugned judgment and order. The husband instead of satisfying the impugned judgment and order assailed it by way of the revision under Section 397 read with Section 401 of Cr.P.C.
2. In nutshell, the facts of the present case are stated as under.
2.1 The marriage of the petitioner and the respondent wife was solemnized on 29.04.2004 at Rajkot as per the Hindu rites and rituals. During the wed-lock, the parties have one daughter namely respondent No.2. After passage of some time, quarrel took place between the petitioner and the respondent wife. In the year 2016, the respondent wife left the house of the petitioner. On 20.10.2016, the respondent wife filed Criminal Misc. Application No.1003 of 2016 before the learned Family Court seeking maintenance and on 14.02.2023, the learned Family Court vide impugned judgment and order directed the petitioner to pay Rs.40,000/- as maintenance towards the respondent wife and her daughter.
Grant of maintenance to wife and minor daughter – Mere capacity of wife to earn something or her qualification would not be reason for denying maintenance to wife.
Grant of maintenance to wife and minor daughter – Mere capacity of wife to earn something or her qualification would not be reason for denying maintenance to wife.
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....
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
The court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
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