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AJAY KUMAR GUPTA
Sushma Mour – Appellant
Versus
Ravi Kumar Mour @ Sanjay – Respondent
| Table of Content |
|---|
| 1. background of the case (Para 1) |
| 2. details of marriage and dowry (Para 2 , 3) |
| 3. allegations of torture (Para 4) |
| 4. petitioner's living conditions (Para 5 , 6 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. legal actions taken (Para 7 , 8) |
| 6. opposite party's objections (Para 18) |
| 7. court's findings on income (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 8. court's reasoning on maintenance (Para 31 , 35 , 36 , 37 , 38) |
| 9. modification of maintenance order (Para 32 , 33 , 34) |
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioner being the wife of the opposite party, Ravi Kumar Mour @ Sanjay filed this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 challenging the Impugned Judgment dated September 4, 2017 passed by the Learned Additional Principal Judge, Family Court, Calcutta in Miscellaneous Case No. 66 of 2009 (Sushma Mour Vs. Ravi Kumar Mour) under Section 125 of the Code of Criminal Procedure, 1973.
2. By the said judgment, Learned Additional Principal Judge allowed a maintenance amount of Rs. 10,000/-per month from September 1, 2017 which should be adjusted with the maintenance amount awarded in favour of the petiti
Maintenance must be reasonable and realistic, considering the husband's financial capacity and the wife's needs, reaffirming the duty of a husband to maintain his wife.
(1) Maintenance – Even if wife is earning, it cannot operate as a bar from being awarded maintenance by husband – It is moral duty of husband to pay maintenance to her wife but it does not mean to sq....
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
(1) Compelling a married women to live in her parental home, is also a cruelty.(2) Wife is entitled to enjoy same status which she would have enjoyed in her matrimonial house. Wife cannot be compelle....
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
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 judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
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.
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