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S. V. PINTO
Hiteshbhai Dhulabhai Gohel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. By way of the present application, the applicant-husband has prayed to reverse, quash or modify the impugned orders dated 15.10.2022 and 10.01.2023 passed by the learned Principal Judge, Family Court, Anand in Criminal Misc. Application No. 06 of 2020 ordering paying of maintenance to the respondent-wife at the rate of Rs. 3,500/- per month from 02.01.2020 and the order dated 10.01.2023 sentencing the applicant to imprisonment of 525 days (17 months and 15 days) to the applicant for non-payment of maintenance for 35 months and has also prayed to stay and/or suspend the impugned order dated 10.01.2023 and to release the applicant-husband on bail by imposing suitable conditions.
2. The brief facts that emerge from the record of the case are as under:
2.2. That the applicant filed the written statement at Exh.12 and the evidence of
Revisional powers of High Court are very wide but are purely discretionary and should be exercised only in rare cases to prevent miscarriage of justice.
Failure to raise questions of correctness, legality, or propriety in a maintenance order is essential for the applicability of Section 19(4) of the Family Court Act, 1984.
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
The central legal point established in the judgment is the entitlement of the wife to maintenance under section 125 of Cr.P.C. based on her inability to maintain herself and the husband's financial c....
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.
A husband’s obligation to maintain his wife and children is legal and ethical; defaulting on maintenance leads to lawful penal consequences.
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