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FARJAND ALI
Ritu Khatri – Appellant
Versus
Navneet Khanna – Respondent
ORDER
By way of filing the instant revision petition, the petitioner assails the impugned order dated 22.07.2024 passed by the learned Presiding Officer, Family Court No.1, District Sriganganagar, in Misc. Criminal Case No. 07/2020, whereby the learned Court has partly allowed the application filed under Section 125 Cr.P.C. and awarded a meager sum of Rs.8,000/- per month as maintenance from the date of application, which is grossly inadequate, unjust, and disproportionate to the needs of the petitioner and the income and status of the respondent, thereby necessitating the present petition seeking enhancement of maintenance.
2. Briefly stated, the facts of the case are that the petitioner–complainant filed an application under Section 125 Cr.P.C. seeking maintenance, inter alia, pleading that her marriage with the non-applicant was solemnized on 02.10.2019 as per Hindu rites and rituals at Gurudwara Nanank Darbar, Ahmedabad, Gujarat, in the presence of parents and family members of both sides. The marriage was arranged through a matrimonial advertisement with the consent of both families. At the time of marriage, the parents and family members of the petitioner gave gifts, jeweller
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
Maintenance must ensure reasonable support without unjust enrichment, requiring balance between the parties' financial capacities and needs regardless of income disparities.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
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....
The right to maintenance under Section 125 Cr.P.C. cannot be denied based on a wife's qualifications or potential earnings, especially when she has sacrificed her career for matrimonial duties.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
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