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SHAMPA DUTT (PAUL)
Shilpi Lenka – Appellant
Versus
Susanta Kumar Lenka – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.)
The present revision is against an order dated 12.02.2019 passed by the Learned Judicial Magistrate, 2nd Court at Barrackpore, District - North 24 Parganas in connection with M-479 of 2017 under Section 125 of the Code of Criminal Procedure, 1973.
2. The parties were married on 09.08.2006. They have a daughter who is now aged about 9 years. It is the case of the petitioner that she was inflicted with mental and physical torture immediately after her marriage. The opposite party joined the Air force leaving behind the petitioner and their daughter alone. It is stated that the parties did not live together after few days of marriage as the opposite party/husband left to join the Air force.
3. Further case of the petitioner is that on 15.05.2017 the opposite party deserted the petitioner and their daughter and started living alone.
4. It is stated that the opposite party gets a pension of Rs.18000/- from his service in the Air force and presently he earns Rs.40,000/- in addition by working in bank.
5. The petitioner had the filed an application under Section 125 of the Cr.P.C. praying for maintenance of Rs.20,000/- for self and Rs.5000/- for their dau
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 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.
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....
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....
The main legal point established in the judgment is the interpretation of Section 125 Cr.P.C. and the determination of the quantum of maintenance, emphasizing the husband's obligation to maintain his....
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
The legal obligation of the husband to support his wife and prevent destitution under Section 125 of the Code of Criminal Procedure.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
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