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BIBEK CHAUDHURI
Joyita Bandyopadhyay Nee Ganguly – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibek Chaudhuri, J. - Applicant of Misc Case No.109 of 2017 (T.R No.141 of 2017) being a proceeding under Section 125 of the Code of Criminal Procedure has challenged the legality, validity and propriety of an order dated 24th February, 2020 passed by the learned Judicial Magistrate, 4th Court, Serampore at Hooghly directing the opposite party/husband to pay maintenance allowance at the rate of Rs.6,000/- per month to the applicant from the date of the of the order on the ground that the learned Magistrate while fixing the quantum of maintenance failed to consider the monthly income of the opposite party. The learned Magistrate failed to appreciate the income of the opposite party who himself admitted his income to the tune of Rs.76,495/- and awarded inadequate maintenance to the tune of Rs.6,000/-.
2. The case of the petitioner is that the petitioner is the legally married wife of opposite party. Their marriage was solemnized on 3rd February, 2001 as per Hindu Rites and Customs. Their marital relation started deteriorating and on 5th March, 2015 the petitioner left her matrimonial home and started residing at her brother's house. During her stay, the opposite party did not
The main legal point established in the judgment is that the revisional court can enhance the maintenance allowance based on the present monthly income of the opposite party, even in the absence of s....
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 court considered the income and social status of the parties, the petitioner's dependency, and the opposite party's liabilities in determining the maintenance allowance.
A wife is entitled to maintenance under section 125 of the Code of Criminal Procedure, and the husband has the burden to prove inability to maintain. The maintenance should be adequate for the wife t....
Alteration of maintenance allowance under Section 127 Cr.P.C. can be done by trial Court on the ground of change of circumstances
The main legal point established in the judgment is the determination of maintenance allowance based on the husband's income and the wife's capacity to earn, in accordance with the provisions of Sect....
The quantum of maintenance to be awarded under Section 125 of Cr.P.C. depends on various factors, including the financial status of the husband, the standard of living of the wife, and the cost of li....
Entitlement to maintenance under Section 125 of the Code of Criminal Procedure despite existing maintenance from another proceeding.
The legal obligation of the husband to support his wife and prevent destitution under Section 125 of the Code of Criminal Procedure.
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