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ARVIND SINGH CHANDEL
Virendra Das @ Virendra Gupta – Appellant
Versus
Sarita Devi – Respondent
Arvind Singh Chandel, J.—With the consent of both the parties, heard finally.
2. This revision petition has been preferred by the petitioner being aggrieved with the judgment dated 24.08.2023 whereby and where under the learned Family Court, while deciding the application under Section 125 of the Cr P C filed by the opposite party – wife, directed the petitioner to pay a monthly maintenance amount of Rs 20,000/- to the opposite party – wife, and his minor son from the date of submission of application, i.e., 27.02.2019.
3. Undisputedly, opposite party No 1 is the legally wedded wife of the petitioner. Their marriage was solemnized in the year, 1986 and from the admission made by the petitioner himself, it is also apparent that as of now, without getting any divorce from the opposite party – wife, he performed his second marriage in the year, 1992.
4. It is submitted by the learned counsel for the petitioner that in the year, 1989, a girl child was born out of their wedlock and immediately thereafter, the opposite party – wife left the child with the petitioner and went to her Maike and did not return. Thus, it is clear that the opposite party – wife herself left the house of the petit
Maintenance under Section 125 should reflect the financial circumstances at the time of application, not inflated later salary figures.
The main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
The court upheld the trial court's maintenance award, emphasizing the need for maintenance to reflect the husband's financial capacity and the wife's inability to support herself.
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
Personal deductions from salary cannot diminish the obligation to pay maintenance; gross income must be considered for maintenance determination.
The court affirmed that a spouse's educational qualifications do not disqualify them from receiving maintenance, emphasizing the need for a fair assessment of financial needs and obligations.
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