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SUNIL DUTTA MISHRA
Shyam Sundar Prasad @ Madan Raj – Appellant
Versus
State of Bihar – Respondent
Sunil Dutta Mishra, J.—Heard learned counsel for both the parties.
2. The instant Cr. Revision application is directed against the order dated 05.09.2016 passed by learned Principal Judge, Family Court, East Champaran at Motihari (hereinafter referred to as the “Trial Court”) in Maintenance Case No. 448 of 2011, wherein the learned Trial Court allowed the maintenance petition filed by the opposite party no.2 (hereinafter referred to as “O.P. No.2”) under Section 125 of the Cr.P.C. and has directed the petitioner to pay Rs. 5,000/- per month to the O.P. No.2 for her maintenance by 15th day of every succeeding month with effect from 1st September, 2016 and has also directed to pay lump sum amount of Rs. 10,000/- to the O.P. No.2 towards cost of litigation.
3. The facts of the case, in brief, is that the O.P. No.2 (Sunita Devi) instituted a proceeding under Section 125 of the Cr.P.C. on 16.11.2011 before the learned Trial Court seeking a monthly maintenance of Rs.20,000/- for herself and her minor daughter. It is her case that she was married to the petitioner on 05.05.2009 according to Hindu rites and customs, and thereafter commenced her matrimonil life with the petitioner at her matr
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 Court clarified that a second wife whose marriage is void due to the survival of the first marriage is not entitled to maintenance under Section 125 Cr.P.C. The Court emphasized the need for stri....
Once such presumption of a lawful marriage commenced to operate in favour of a marriage which has taken place in fact, such a presumption alone would be good enough to entitle the wife to maintain.
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
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