CHANDRA SHEKHAR JHA
Ramesh Prashad, S/o. Haridwar Prashad – Appellant
Versus
Kiran Devi, W/o. Ramesh Prasad – Respondent
JUDGMENT :
None appeared on behalf of the petitioner.
2. The present criminal revision is being filed for setting aside the order dated 24.12.2016 passed by learned Family Court, Principal Judge, Bhabua, District-Kaimur in Maintenance Case No. 118 of 2010, whereby and whereunder the learned Family Court has held the petitioner liable to pay Rs.2000/- to his wife and Rs.1000/- for his son as maintenance, on monthly basis.
3. It appears that the maintenance case before the learned Family Court was filed in 2010 itself against which the present criminal revision petition was preferred in 2017.
4. The matter was taken on Board, first time today but none appeared on behalf of the petitioner, on repeated calls.
5. The court is having of two options, either to dismiss this case in default giving a space to petitioner to seek restoration of case and again to keep this litigation alive, where opposite party is struggling for her maintenance, the 2nd option as available to this Court is to go through the records of the case and to take an appropriate view on the basis of materials available on the records and legal provisions as applicable to the given set of facts and circumstances.
6. The court,
The court upheld the maintenance order based on the financial circumstances of the parties and the provisions of section 125 of the Cr.P.C. to prevent destitution.
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
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.
The legal principle established is that the occupation and presumed earnings of the respondent-husband are relevant factors in determining the entitlement to maintenance for the petitioner-wife and t....
: FIXATION OF MONTHLY MAINTENANCE - First respondent as well as the revision petitioner are financially sound- Educational expenses of the respondents 2 and 3, status of the parties and the present e....
A father is liable to pay maintenance to his minor child, even if the child is in the custody of the mother, if he has neglected to maintain the child and has the means to do so.
Section 125 of the Code of Criminal Procedure is a social welfare provision designed to prevent destitution, requiring maintenance amounts to be fair, reasonable, and reflective of the cost of living....
A husband is liable to pay maintenance to his wife and child if the wife is unable to maintain herself and the husband has sufficient means to maintain them.
The court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
The central legal point established in the judgment is the husband's liability to pay maintenance if the wife is unable to maintain herself and if the husband has sufficient means, as per Section 125....
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