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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Raj Laxmi @ Raj Laxami Kumari W/o Suranjeet Kumar @ Suranjit Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present Criminal Revision Petition has been preferred by the petitioner against the impugned order dated 17.05.2019 passed by learned Principal Judge, Family Court, Nalanda at Bihar Sharif in Maintenance Case No. 109M of 2015, whereby learned Family Court has directed Opposite Party No.2/Suranjeet Kumar to make monthly payment of Rs. 6,000/- to the wife/petitioner and Rs. 4,000/- to his daughter towards their maintenance, since the date of passing of the order i.e 17.05.2019.
2. I heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the Opposite Party No.2.
3. Learned counsel for the petitioner submits that the petitioner had prayed for monthly payment of Rs. 8,000/- to her and Rs. 7,000/- to her daughter towards their maintenance. However, learned Family Court has directed the Opposite Party No.2 to pay only Rs.6,000/- to the wife/petitioner and Rs. 4,000/- to her daughter towards their maintenance, despite the fact that as per the evidence on record, the petitioner and her daughter could have been awarded the maintenance as prayed for by them. Moreover, learned Family Court should have directed the pay
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
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....
A husband has a legal obligation to provide maintenance to his wife and child, and the court has the discretion to determine the amount based on the husband's ability to pay and the needs of the depe....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
A husband must provide reasonable maintenance to his wife and children based on his income, and courts can modify maintenance orders if they find them unreasonable.
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