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PRABHAT KUMAR SINGH
Bibi Shahnaj – Appellant
Versus
State of Bihar – Respondent
ORDER
This criminal revision application has been filed against order dated 05.09.2016 passed by learned Principal Judge, Family Court, Purnea in Maintenance Case No. 757 of 2006/C.I.S. No. 276 of 2013 whereby the learned Principal Judge has partially allowed the petition filed by petitioner under Section 125 Cr.P.C. and directed to pay maintenance only to minor son of petitioner @ Rs. 1,000/- (one thousand) per month till attaining his majority and claim of the petitioner for maintenance was rejected.
2. Learned counsel appearing on behalf of petitioner submits that the Court below has failed to appreciate the evidence produced on behalf of the petitioner and passed the impugned order mechanically. He next submits that no reason has been assigned as to why petitioner is not entitled for maintenance.
3. However, learned counsel for opposite party no. 2 vehemently opposes the prayer of petitioner and submits that the Court below, after taking into consideration the fact that without any sufficient reason the petitioner refused to live with her husband and as such, she is not entitled for maintenance.
4. Before maintenance can be granted under Section 125 Cr.P.C., the following condition
A wife's refusal to cohabit due to ill-treatment justifies her claim for maintenance under Section 125 Cr.P.C., and the Family Court has discretion to order maintenance from the date of application.
A husband is liable to pay maintenance to his wife and minor children under Section 125 Cr.P.C., even if he alleges that the wife is living in adultery.
A wife's refusal to cohabit due to ill-treatment justifies her claim for maintenance under Section 125 Cr.P.C., and the Family Court has discretion in determining the effective date for maintenance p....
Grant of Maintenance – Provision provided under Section 125 of Cr.P.C. is a measure of social justice extended to protect rights of wife and minor children with object to prevent vagrancy and destitu....
A wife is entitled to maintenance under section 125 of the Code of Criminal Procedure, and the husband has the burden to prove inability to maintain. The maintenance should be adequate for the wife t....
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
A wife living in adultery is disqualified from claiming maintenance under Section 125 Cr.P.C., requiring proof of a continuous adulterous relationship.
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