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SURENDRA SINGH I
Matapher – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Surendra Singh-I, J.—Heard Sri Praveen Kumar Tripathi, learned counsel for the revisionist and Sri Pankaj Dwivedi, learned counsel for the opposite party no. 2.
2. By means of this criminal revision, the revisionist has challenged the impugned order dated 10.12.2019 passed by learned Additional Principal Judge, IIIrd, Family Court, Allahabad in Maintenance Case No. 506 of 2015, Smt. Durga Devi Vs. Matapher filed u/s 125 Cr.P.C. and impugned judgement and order dated 07.12.2022 passed by learned Additional Principal Judge, Family Court- 2, Allahabad in Misc. Case No. 02 of 2020 (Matapher Vs. Durga Devi) instituted u/s 127 Cr.P.C.
3. By the impugned judgement and order dated 10.12.2019, the Additional Principal Judge, IIIrd, Family Court, Allahabad had allowed the application filed u/s 125 Cr.P.C. and granted maintenance of Rs.7,000/- per month to opposite party no. 2, Smt. Durga Devi.
4. By the impugned judgement and order dated 07.12.2022, the Additional Principal Judge, Family Court- 2, Allahabad, had rejected application u/s 127 Cr.P.C. filed by the revisionist, Matapher.
5. Averment has been made by learned counsel for the revisionist that in the trial court, arguments
Maintenance – An able-bodied young man has to be presumed to be capable of earning sufficient money so as to be able to reasonably maintain his wife and children.
The main legal point established in the judgment is the application of Section 125 of Cr.P.C. to protect the maintenance rights of the wife and children, and the consideration of the husband's income....
The obligation of a husband to maintain his wife and children is not negated by claims of financial constraints, and maintenance laws are enacted for social justice to prevent dependents from falling....
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 ....
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintena....
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
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