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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Avadh Kishore Sah @ Awadhesh Sah Son Of Birendra Prasad Sah – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
The present revision petition has been preferred by the petitioner against the impugned order dated 14.01.2020 passed by learned Principal Judge, Family Court, Bhagalpur, whereby learned Principal Judge has directed the petitioner to pay Rs.3,000/- per month to his wife/O.P. No.2 and Rs.2,000/- per month to his daughter/O.P. No.3 towards their maintenance.
The maintenance to the daughter is payable till her marriage as per the impugned order and arrears of the maintenance amount is directed to be paid in three installments within six months.
2. The factual background of the case is that on 26.07.2012, O.P. Nos. 2 and 3 filed Misc. Case No. 96 of 2012 under Section 125 Cr.PC for their maintenance against the petitioner and his parents. However, it appears that later on parents were deleted from the array of the Opposite Parties before the Court below.
Case of Soni Devi as per the Maintenance Petition
3. As per the allegation made in the maintenance petition, the marriage between the petitioner and Soni Devi was solemnized on 18.03.2010 as per Hindu Rites and Customs and out of the wedlock, O.P. No.3 was born. As per further allegation, on account of non-fulfi
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.
Wife and legitimate child are entitled to maintenance unless proven living in adultery, with allegations requiring strong substantiation.
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.
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
Unmarried daughters are entitled to maintenance from their father even after attaining majority if unable to support themselves, as per Hindu Adoptions and Maintenance Act.
The main legal point established in the judgment is that the term 'wife' under Section 125 of CrPC should be interpreted liberally, considering the social context and the purpose of the provision, to....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
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