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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Richa Singh, D/o-Jitednra Sharma – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. interim maintenance order and background facts (Para 1 , 2 , 3) |
| 2. financial details about the parties and maintenance allowances (Para 4 , 6 , 10) |
| 3. challenges to the interim maintenance order by the husband (Para 12 , 13 , 14 , 20) |
| 4. court's observations on evidence and qualifications of the parties (Para 22 , 23 , 24 , 35 , 37) |
| 5. court assessed earning capabilities of both parties. (Para 29 , 41) |
| 6. final dismissal of the revision applications (Para 42 , 43 , 44) |
JUDGMENT :
BIBEK CHAUDHURI, J.
1. Cr. Revision No. 799 of 2024 and Cr.Revision No. 311 of 2024 challenged the same order of interim maintenance, passed by the learned Principal Judge, Family Court at Patna in Maintenance Case No. 35(M) of 2020, whereby and whereunder, the learned Principal Judge, Family Court, granted interim maintenance in favour of the wife (Petitioner of Cr. Revision No. 799 of 2024) at the rate of Rs. 35,000/- per month along with one time litigation cost of Rs. 25,000/- within 6th day of each successive month from the date of the order, dated 6th of March, 2024. While the husband has challenged the said order of interim maintenance by filing Cr. Revision No. 311 of 2024 on the ground
Interim maintenance under Section 125 of CrPC is determined by assessing the financial capacity of both parties, ensuring the applicant's reasonable living standard during legal proceedings.
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
Maintenance under Section 125 Cr.P.C. must reflect the financial status of the husband and the needs of the wife, ensuring adequate support for her living expenses.
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
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