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JITENDRA KUMAR
Rajesh Kumar @ Rajesh Yadav – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – The present revision petition has been preferred by the petitioner against the impugned final order dated 27.02.2021 passed by learned Principal Judge, Family Court, Munger in Maintenance Case No. 25 of 2015, as per which learned Family Court has directed the petitioner to pay Rs.9,000/- per month to the O.P. No.2 towards her maintenance as well as that of her child.
2. The factual background of this case is that on 23.02.2015 O.P. No.2/Soni Devi (wife of the petitioner) filed a maintenance petition under Section 125 Cr.PC for her maintenance as well as that of her minor daughter @ Rs. 10,000/- per month from her husband, who is petitioner herein, claiming that marriage between Soni Devi (O.P. No.2 herein) and Rajesh Kumar (petitioner herein) was solemnized on 12.03.2011 as per Hindu Rites and Customs. After the marriage, Soni Devi joined the matrimonial home of her husband and on account of non-fulfillment of illegal demand of dowry, the marriage started running into rough weather and ultimately, the O.P. No.2/wife was ousted from her matrimonial home along with her child on 26.02.2014, since when she has been living at her maike. It has been further claimed 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.
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Maintenance obligations under Section 125 Cr.PC are upheld, emphasizing the presumption of legitimacy for children born during marriage, which must be rebutted by clear evidence.
Maintenance under Section 125 of CrPC is legally mandated for dependents, requiring examination of needs versus financial capability of the obligor.
Court upheld the wife's right to maintenance despite husband's claims of inability due to multiple dependents; established that restitution decree does not negate maintenance rights when valid reason....
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
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