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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
| Table of Content |
|---|
| 1. petition for maintenance. (Para 1 , 2 , 3) |
| 2. evidence submission in maintenance case. (Para 4 , 5 , 6 , 7) |
| 3. arguments against maintenance claim. (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal provisions for maintenance. (Para 16 , 17 , 18 , 19) |
| 5. proof standards in maintenance cases. (Para 20 , 21 , 22 , 23) |
| 6. testimony regarding income. (Para 24 , 25 , 26 , 27 , 28) |
| 7. evaluation of claims in maintenance. (Para 29 , 30 , 31 , 32 , 33) |
| 8. legitimacy of child under section 112. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 9. rulings regarding maintenance claims. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 10. final order regarding maintenance. (Para 52 , 53 , 54) |
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
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....
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