BIBEK CHAUDHURI
Md. Anwar Alam – Appellant
Versus
Gudiya Khatoon – Respondent
ORDER
The instant criminal revision is directed against an order, dated 30th of July, 2024, passed by the learned Principal Judge, Family Court, West Champaran at Bettiah, in Maintenance Case No. 182 of 2019, directing the petitioner to pay maintenance allowance at the rate of Rs. 4,000/- per month to the Opposite Party No. 1 and Rs. 1,000/- per month to the minor son of the parties, total being Rs. 5,000/- per month from the date of filing of the application i.e., 31st of May, 2019.
2. The petitioner/husband has challenged the abovementioned order in revision mainly on two folds.
3. It is submitted by the learned Advocate for the petitioner with reference to paragraph 12 of the impugned judgement that the Trial Court held after analyzing the evidences and facts available on record that the petitioner is an illiterate person. He has mother, father and unmarried sister, who are dependent on him. The petitioner is a landless person. On the other hand, the Applicant No. 1 is a private nurse and she earns Rs. 20,000/- per month.
4. Thus, it is contended by the learned Advocate for the petitioner that when the opposite party has sufficient means to maintain herself and her son, the impugned
A husband is legally obligated to provide maintenance to his wife and minor children if he has sufficient means, regardless of his claimed income.
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
The main legal point established in the judgment is the legal obligation of the husband to maintain his wife under Section 125 Cr.P.C. and the entitlement of the wife to lead a dignified life similar....
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.