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IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Amar Kumar Pal – Appellant
Versus
Sutapa Bhadra – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. Both the revision applications involving identical facts and circumstances and arising out of the self same cause of action shall be disposed of via this common judgment.
2. Revision application being no. CRR 4188 of 2024 has been preferred assailing the Order dated 20.08.2024 passed by Ld. Judicial Magistrate, 1st Court Barasat, North 24 Paraganas, in Miscellaneous Case no. 13 of 2012 under Section 127 of the Code of Criminal Procedure (hereinafter referred to as CrPC) thereby directing the petitioner to pay a sum of Rs. 30,000/- per month towards the maintenance of the petitioner from the date of the filing of application.
3. Whereas the other revision application being no. CRR 697 of 2024 has been instituted assailing the Order dated 03.01.2024 passed by Ld. Judicial Magistrate, 1st Court Barasat, North 24 Paraganas in connection with Miscellaneous Case no. 13 of 2012 wherein Ld. Magistrate rejected the petition filed by the opposite party therein with a prayer for cancellation of order of maintenance on the ground of award of permanent alimony already granted by the competent Civil Court in a Matrimonial suit.
Background:-
A ruling affirmed that maintenance can be enhanced under Section 127 of the CrPC after permanent alimony, emphasizing the need for consideration of changing circumstances.
A husband's obligation to maintain his wife is a continuing duty that can be adjusted based on substantial changes in financial circumstances, as defined under Sections 125 and 127 of the Code of Cri....
Proceeding under Section 125 of the Cr.P.C. therefore should precede a proceeding under Section 127 of the Cr.P.C.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The main legal point established in the judgment is that the court has the discretion to enhance the maintenance amount based on changing circumstances, and the delay in adjudication should not depri....
The husband has a duty to provide financial support to the wife and minor children, and maintenance proceedings aim to prevent vagrancy and destitution of a deserted wife.
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
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