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UDAY KUMAR
Subhendu Pandit – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
UDAY KUMAR, J.
1. The instant revisional application is preferred under section 401 read with 482 of code of criminal procedure 1973, against the judgment and order dated 30th May 2023 of Ld. Additional Sessions Judge F.T.C. 2nd Court, Krishnanagar Nadia passed in connection with Misc. Criminal Appeal No 12 of 2021, whereby Ld. Court modified the order dated 25th August 2021 of Ld. Judicial Magistrate 5th Court, Krishnanagar, Nadia passed in Misc. Criminal Case No 74 of 2020 under Section 12 of the Protection of Women from Domestic Violence Act 2005 for relief claimed under Sections 18, 19, 20, 21, 22 of the said Act.
2. The petitioner Subhendu Pandit is the husband of O.P. No. 2 Moumita 2nd Pandit whose marriage was solemnized on December 2009 as per Hindu rites and customs. After the marriage O.P. No. 2 started residing with Subhendu Pandit at her matrimonial house and subsequently O.P. No. 2 gave birth to a baby girl. The discontentment prevailing on the issue of dowry, aggravated after the birth of the daughter. The issue of an illicit relationship of the petitioner with a lady complicated the marital relationship when O.P. No. 2, resisted petitioner. As a result, the i
The legal obligation of a husband to maintain his wife and daughter under the Protection of Women from Domestic Violence Act 2005, and the court's discretion in determining the maintenance and compen....
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The main legal point established in the judgment is the court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.
Maintenance must be reasonable and realistic, considering the husband's financial capacity and the wife's needs, reaffirming the duty of a husband to maintain his wife.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
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