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ARVIND SINGH CHANDEL
Phultara Khatoon @ Phultara – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (ORAL)
This revision petition has been preferred by the petitioner being aggrieved with the order dated 27.02.2019 passed by the learned Principal Judge, Family Court, East Champaran, Motihari in Maintenance Case No 107 of 2014 whereby and where under the learned Family Court dismissed the application submitted by the petitioner under Section 125 of the Cr.P.C. on the ground that opposite party No 2 – husband has already divorced her and also in view of the fact that the petitioner-wife has received Rs 30,000/- as one time settlement.
2. I have heard learned counsel for the petitioner - wife as well as the learned counsel for opposite party No 2 – husband. Perused the evidence adduced by both the parties before the learned Family Court.
3. Undisputedly, the petitioner is the legally wedded wife of opposite party No 2. It is also not in dispute that as of now, opposite party No 2 has remarried with another lady.
4. Before the learned Family Court, opposite party No 2 has produced the documents which have been exhibited as Exhibit A (judgment passed by the trial Court in Complaint Case No 1217 of 2010), Exhibit B (compromise deed executed by both the parties which was submit
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not necessary, but reasonable evidence of divorce from a previous spouse is required to establish marital status.
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
A unilateral declaration of divorce is insufficient under Hindu law, thus allowing a spouse to claim maintenance despite claims of prior divorce.
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