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AJAY KUMAR GUPTA
Sandip Kumar Rit – Appellant
Versus
Soma Rit – Respondent
JUDGMENT :
AJAY KUMAR GUPTA, J.
1. Nobody appears on behalf of either of the parties on call.
2. This instant revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner/husband challenging the correctness, legality and propriety of order dated 11.8.2017 passed by the learned Additional Chief Judicial Magistrate in connection with Misc. Case No. 265 of 2017, thereby the learned Magistrate directed the petitioner to pay interim maintenance to the tune of Rs. 8,000/- per month to his wife and a sum of Rs. 7,000/- per month to his unmarried daughter.
3. The relevant facts are necessary for the purpose of disposal of this case as under:
The obligation of the husband to maintain his wife and unmarried daughter, as per the provisions of Section 125 of the Cr.P.C.
The duty of a husband to maintain his wife and provide alternative accommodation under the Protection of Women from Domestic Violence Act, 2005 is upheld based on evidence of income and living arrang....
The court upheld the interim maintenance order, emphasizing that failure to comply with maintenance obligations and delay in seeking relief undermines a petitioner's claim.
The court emphasized that the interim maintenance should be adequate, fair, and reasonable, and consistent with the standard of living of the aggrieved person. The court also highlighted the presumpt....
Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitle....
A spouse's educational qualifications do not negate their right to interim maintenance if they lack sufficient independent income, reinforcing the provisions of the DV Act and relevant case law.
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
The potential for earning does not preclude a spouse from claiming maintenance under the DV Act if they have no independent income sufficient for support.
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