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SHAMPA DUTT (PAUL)
Supriya Pramanik – Appellant
Versus
Tapan Pramanik – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revision has been preferred against an order passed by the Learned Additional Chief Judicial Magistrate, Diamond Harbour, dated 22nd October, 2019 in Miscellaneous Case No. 562/2017, CIS Number 479/2017 disposing of the application under Section 125 Cr.P.C. finally.
2. Though the Opposite Party was being represented, they failed to appear at the time of final hearing.
3. The parties were married in the year, 2004. It is alleged that she was driven out on 13.12.2017 (after 13 years of marriage). They have a daughter out of the said wedlock, who now resides with the petitioner/wife in her parent’s house.
4. The marriage and the paternity of the child is admitted.
5. The income of the Opposite Party/husband is admitted to be Rs. 30,000/- per month, but the petitioner/wife states that it is Rs. 40,000/-
6. The Learned Magistrate accepting the income of the Opposite Party/husband to be Rs. 30,000/ per month allowed the application under Section 125 Cr.P.C. granted monthly maintenance of Rs. 3,000/- per month to the petitioner and 2,000/- per month to the daughter.
7. An exhaustive guidelines for deciding a case of maintenance has been laid down b
The court's decision was influenced by the guidelines for deciding maintenance cases laid down by the Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324, which emphasized proportionality....
Maintenance must be determined based on verifiable evidence of income and existing financial liabilities. Courts are legally obligated to consider and adjust maintenance awards against existing payme....
Interim maintenance awarded must reflect the living circumstances of the family and the income of the husband, adhering to the framework established under section 125 of the Code of Criminal Procedur....
The main legal point established in the judgment is the husband's obligation to provide financial support to the wife and minor children, as per the provisions of Section 125 of the Cr.P.C., and the ....
The main legal point established is the consideration of financial capacity, entitlement to maintenance despite earning, and the factors for determining maintenance as per Rajnesh Vs Neha.
Maintenance can be awarded for children in utero under Section 125, provided legal criteria and evidence are sufficiently met.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
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