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BIBEK CHAUDHURI
Dipanwita Chowdhury (Laha) – Appellant
Versus
Biplab Laha – Respondent
JUDGMENT
Bibek Chaudhuri, J. - The instant criminal revision is filed by the wife/petitioner against the opposite party/husband challenging legality, validity and propriety of the order dated 5th February, 2021 passed in Miscellaneous Case No. 331/2013 by the Learned Judicial Magistrate, 2nd Court at Malda.
2. Suffice it to say that upon contested hearing of an application under Section 125 of the Code of Criminal Procedure the Learned Magistrate passed an order directing the opposite party to pay a sum of Rs.8,000/- per month to the petitioner towards her monthly maintenance allowance within 10th of each succeeding month.
3. It is not in dispute that the opposite party has been going on depositing the said sum in the Court below. The petitioner has come up before this Court in revision praying for enhancement of the quantum of maintenance allowance on the ground that the opposite party has been working as a 'Nirman Sahayak' under Jamalpur Gram Panchatat, Hili, Dakshin Dinajpur and he earns Rs.59,748/- per month towards his gross salary. His net income is Rs.34,741/-. On the other hand, the petitioner has no source of income of her own and she is fully dependent upon her old ailing pa
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.
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....
Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluct....
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 ....
(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....
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....
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....
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