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ANIL KUMAR SINHA
Md. Jahagir @ Shekh Jahangir – Appellant
Versus
State of Bihar – Respondent
ORDER
The petitioner is the husband of the respondent no. 2 and father of respondent nos. 3 and 4. He is aggrieved by the order, dated 31.07.2018, passed in Maintenance Case No. 145 of 2014, filed by the respondent-wife, under Section 125 of the Code of Criminal Procedure, 1973, whereby the learned Principal Judge, Family Court, Madhepura, has awarded a sum of Rs. 1,500/- per month, as an interim maintenance for meeting the expenses of the respondent-wife as well as the children and also the expenses of litigation.
2. Maintenance Case No. 145 of 2014 was filed by the respondent no. 2, inter alia, on the fact that she is the wife of the petitioner and out of the wedlock, two children were born. She has been compelled to live separately by the petitioner along with her children. She does not have any independent income of herself and is not in a position to maintain herself and her children. She has been living a miserable life and is at the verge of penury. The petitioner is a wealthy and rich person having sufficient income from various sources. Accordingly, the respondent-wife prayed for interim maintenance on 28.07.2016.
3. Learned Counsel for the petitioner submits that the petitio
The obligation of a husband to provide financial support to the wife and children is sacrosanct, and maintenance proceedings are essential to prevent vagrancy and destitution of a deserted wife and c....
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
The main legal point established in this judgment is that it is the duty of the husband to provide financial support to the wife and minor children, and he is required to earn money to fulfill this o....
The entitlement of the wife to lead a life in a manner similar to that in the house of her husband and the wide discretion conferred on the court in the matter of an order for interim maintenance.
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