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AJAY KUMAR GUPTA
Anindita Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioner being the wife of opposite party no. 2 filed two revisional applications under Article 227 of the Constitution of India. In CRR 3650 of 2018, the petitioner challenges the judgment and order dated 10th September, 2018 passed by the learned 4th Court, Learned Additional District and Sessions Judge, Alipore, South 24 Parganas in Criminal Appeal No. 21/2016 which was filed by the petitioner/wife herein arising out of Complaint case No. 3848 of 2014 thereby learned Judge affirmed the order of rejection for payment of maintenance under Section 20(1)(d) of the Protection of Women from Domestic Violence Act dated 14.12.2015 passed by the learned Judicial Magistrate, 4th Court, Alipore in Complaint Case No. 3848 of 2014.
2. In the second revisional application CRR 3651 of 2018, the petitioner challenges the judgment and order dated 10th September, 2018 passed by Learned Additional District and Sessions Judge, Alipore, South 24 Parganas in Criminal Appeal No. 23/2016 which was filed by the opposite party/husband arising out of Complaint case No. 3848 of 2014 thereby decreases the compensation amount allowed u/s 22 of the said Act from Rs. 20,00,000
An educated spouse cannot be denied maintenance solely based on their qualifications; actual financial dependency must be considered.
Grant of maintenance - Right of a minor girl for maintenance from parents after attaining majority till her marriage is recognized in Section 20 (3) of the Hindu Adoptions and Maintenance Act.
In determining the quantum of maintenance under the PWDC Act, the court must consider various factors, including the status of the parties, reasonable needs of the wife and children, financial capaci....
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 main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
The main legal point established in the judgment is the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount under the Protection of Women from Dom....
The obligation of the husband to provide maintenance and the criteria for determining the quantum of maintenance were the central legal points established in the judgment.
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
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