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IN THE HIGH COURT OF JUDICATURE AT PATNA
Bibek Chaudhuri
Digambar Thakur, Son of Late Jibachh Thakur – Appellant
Versus
Poonam Thakur, D/O Ramakant Khan – Respondent
ORDER :
Bibek Chaudhuri, J.
Petitioner is the husband of the Opposite Party No. 1 and father of the Opposite Party No. 2.
2. The Opposite Party No. 1 filed an application under Section 125 of the Cr.P.C., which was registered as M.R. Case No. 335 of 2013, praying for maintenance for herself and her minor child from the petitioner. The said maintenance case was disposed of on the 18th of September, 2023, directing the petitioner to pay a maintenance allowance at the rate of Rs. 6,000/- per month to the Opposite Party No. 1 and Rs. 4,000/- per month to the Opposite Party No. 2, total being Rs. 10,000/- per month within first week of each succeeding month from the date of filing of the application. It is also directed that the amount of maintenance shall be paid from the date of filing of the application. The petitioner has challenged the impugned order of quantum of maintenance only on the ground that he does not have the financial capacity to pay Rs. 10,000/- per month to the opposite parties.
3. It is contended on behalf of the petitioner that he used to work in a private company under the name and style of Shri Ram Transport Finance Company Ltd. Jhalabar and used to get Rs. 40,000/- p
The legal principle established is that a husband's maintenance obligation is based on his earning capability, not just actual income, ensuring adequate support for dependents.
The court emphasized that maintenance is aimed at empowering the destitute and should reflect the real earning capacity of the spouse, establishing the right to maintain a standard of living similar ....
Maintenance under Section 125 should reflect the financial circumstances at the time of application, not inflated later salary figures.
A husband must prove genuine inability to maintain family; onus lies on him, given his earning capacity. Maintenance for wife is contingent on her ability to sustain her prior standard of living.
The central legal point established in the judgment is the requirement for the court to consider the evidence of the husband's income and the basic needs of the petitioner in determining maintenance ....
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
A husband has a statutory and moral obligation to maintain his wife, taking into account the ability to earn and ensuring she does not become destitute, despite claims of diminished 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 court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
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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