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JITENDRA KUMAR
Suman Devi @ Suman Gupta – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – The present revision petition has been preferred by the petitioners against the impugned order dated 22.06.2019, passed by learned Principal Judge, Family Court, Gopalganj, in Maintenance Case No. 156 of 2013, C.I.S. Reg. No.751 of 2013, whereby learned Principal Judge has dismissed the application of the petitioners under Section 125 Cr.PC for maintenance.
2. The factual background of the case is that the petitioners herein filed one application bearing Misc. Case 156 of 2013 under Section 125 Cr.PC on 12.08.2013 in the Court of Principal Judge, Family Court, Gopalganj, against the Opposite Party No. 2 herein seeking maintenance, stating therein that the petitioner No. 1 is married to Opposite Party No. 2 on 6.3.2012 as per Hindu rites and customs and petitioner No. 2 is the son born out of the wedlock.
3. As per further statement, petitioner No. 1 joined the matrimonial home of her husband/Opposite Party No. 2 on 8.3.2012. On 21.8.2012, she was taken by her husband/Opposite Party No. 2 to Mumbai where he was working in Indian Navy having monthly Salary of Rs. 35,000/-. After birth of the son/petitioner No. 2, the Opposite Party No. 2/husband started harassing h
Wife and legitimate child are entitled to maintenance unless proven living in adultery, with allegations requiring strong substantiation.
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 can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
Power to adjudicate on the issue of maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such maintenance/monthly ....
A wife living in adultery is not entitled to maintenance if proven by continuous evidence; mere isolated incidents are insufficient.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
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