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BIBHAS RANJAN DE
Soumitra Mukherjee – Appellant
Versus
Rubi Mukherjee – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. The present criminal revision application has been preferred by the petitioner challenging impugned order dated 06.02.2023 passed by learned Judicial Magistrate (for short J.M), 2nd Court, Rampurhat, Birbhum in connection with Misc. Case no. 351 of 2021 thereby partly allowing the interim prayer of maintenance filed by the opposite party (for short O.P) herein under Section 125 of the Code of Criminal Procedure (for short CrPC).
Brief facts:-
2. The petitioner namely Soumitra Mukherjee married the opposite party herein Rubi Mukherjee on 05.05.2011 as per Hindu Rites and Customs. Thereafter, the petitioner and the O.P led conjugal life and out of such wedlock they have one daughter aged about 9 years. It is alleged by the O.P herein that she had been driven out of her matrimonial house on 24.02.2021 due to the non-fulfillment of demand of further dowry worth of Rs.5,00,000/- and since then she has been residing in her paternal house. As a sequel of this action, she lodged a criminal case against her husband and in-laws. It is contended by the O.P herein that the petitioner is an able bodied person and has many landed properties including a pakka house.
The central legal point established in the judgment is the application of Section 125 of the CrPC, emphasizing the purpose of providing maintenance, the determination of earning capacity, and the pri....
The obligation to prevent destitution and vagrancy under Chapter IX of the Code and the duty of the husband to maintain the minor child.
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....
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
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....
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
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 court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
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