Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Rajesh Kumar, Son Of Syamali Singh – Appellant
Versus
Nutan Devi, Wife Of Rajesh Kumar, D/o. Bimaldeo Prasad Singh – Respondent
| Table of Content |
|---|
| 1. established facts of marriage and maintenance. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding maintenance amount and legality. (Para 7 , 8 , 10 , 11) |
| 3. court's analysis of maintenance rights and reasons. (Para 14 , 15) |
| 4. maintenance determined considering multiple dependents. (Para 16 , 19) |
| 5. final orders regarding maintenance modification and compliance. (Para 17 , 18 , 20 , 21 , 22) |
JUDGMENT :
Jitendra Kumar, J.
The present Criminal Revision petition has been preferred by the petitioner-husband against the impugned order dated 26.04.2019, passed by learned Principal Judge, Family Court, Sheikhpura in Maintenance Case No. 29M of 2017, whereby learned Family Court has directed the petitioner- husband to pay Rs. 15,000/- per month from the date of filing of the petition towards her maintenance.
2. The factual background of this case is that the marriage was solemnized between the petitioner/Rajesh Kumar and Opposite Party/Nutan Devi on 07.05.2009, as per Hindu rites and customs and subsequent to the marriage, the wife joined her husband in his matrimonial home. But soon thereafter, marriage started running into rough weather on account of additional demand of dowry and on
Court upheld the wife's right to maintenance despite husband's claims of inability due to multiple dependents; established that restitution decree does not negate maintenance rights when valid reason....
An ex-parte decree of restitution does not bar a wife's right to maintenance if she demonstrates justified reasons for separation; maintenance should reflect reasonable comfort aligned with the husba....
A wife's right to maintenance cannot be revoked solely based on a decree for restitution of conjugal rights without a proper examination of circumstances, including claims of cruelty.
Under Section 125(2) of the Cr.P.C, a husband has a duty to provide financial support to his wife and children.
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
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....
Maintenance orders under S.125 Cr.P.C. remain valid despite decrees for restitution of conjugal rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
