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ARVIND SINGH CHANDEL
Ajay Bihari Prasad Singh S/o Shivjee Prasad Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARVIND SINGH CHANDEL, J.
1. This revision petition has been preferred by the petitioner-husband of opposite party No 2-wife being aggrieved with the judgment dated 09.05.2023 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Maintenance Case No 125 of 2015 whereby the learned Principal Judge, Family Court allowed the application filed under Section 125 of the Cr.P.C. filed by Opposite Party 2 and directed the petitioner to pay a monthly maintenance of Rs. 15,000/- from the date of filing the application under Section 125 of the Cr.P.C.
2. It is submitted by the learned counsel for the petitioner that during pendency of the maintenance application before the learned Principal Judge, Family Court, vide its order dated 01.09.2016, the learned Principal Judge, Family Court directed the petitioner to pay monthly interim maintenance also at the rate of Rs. 5,000/- to the opposite party No 2-wife. He submits that in her application under Section 125 of the Cr.P.C. the opposite party No 2-wife pleaded that the petitioner is getting monthly salary of Rs. 12,000/-. However, the learned Principal Judge, Family Court, while deciding the application on the basi
Maintenance under Section 125 should reflect the financial circumstances at the time of application, not inflated later salary figures.
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 obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
Interim maintenance awarded must reflect the living circumstances of the family and the income of the husband, adhering to the framework established under section 125 of the Code of Criminal Procedur....
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
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