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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Gautam Mallick – Appellant
Versus
Sudeshna Mallick – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to maintenance order (Para 1 , 2 , 3) |
| 2. background of maintenance orders (Para 4 , 5 , 6) |
| 3. rejection of petitioner's application (Para 8 , 9 , 10) |
| 4. opposition to petitioner's claims (Para 11 , 12 , 13 , 14) |
| 5. court's view on maintenance obligations (Para 15 , 16) |
| 6. court's analysis of income and maintenance (Para 17 , 18 , 19) |
| 7. final ruling on maintenance obligation (Para 20 , 21) |
| 8. conclusion and order of the court (Para 22 , 23 , 24 , 25 , 26) |
Judgment :
Ajay Kumar Gupta, J.
1. The petitioner being the husband of the opposite party no. 1/wife has assailed the Judgment and Order dated 22.04.2022 passed by the Learned Additional District & Sessions Judge, 8th Court, South 24 Parganas in Criminal Motion No. 68 of 2020. The said Revisional application arose out of an order dated 21.12.2019 passed in Misc. Case No. 8/2019 filed under Section 127 of Code of Criminal Procedure, 1973 by the petitioner seeking thereby for modification or alteration of the order of maintenance granted at the rate of Rs. 4,000/- per month in a proceeding instituted under Section 125 of the CrPC.
2. By the impugned judgment, the Learned Judge dismissed Criminal Motion
A husband has a statutory and moral obligation to maintain his wife, taking into account the ability to earn and ensuring she does not become destitute, despite claims of diminished income.
The legal obligation of the husband to support his wife and prevent destitution under Section 125 of the Code of Criminal Procedure.
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
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 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.
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