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RADHAKISHAN AGRAWAL
Fulkunwar, W/o Shri Pritpal – Appellant
Versus
Pritpal, S/o Mahaval – Respondent
ORDER ON BOARD :
Heard.
1. The present revision filed under Section 19 (4) of the Family Court Act is directed against the order dated 29.08.2011 passed in Misc. Criminal Case No.13/2010 by the learned Family Court (Camp Court – Baikunthpur), Dist. Korea (CG) whereby the application filed by the appellant under Section 125 of the Cr.P.C. seeking maintenance of Rs.3,000/- has been dismissed by the learned Family Court.
2. Brief facts of the case are that the appellant preferred an application under Section 125 of the Cr.P.C. stating therein that prior to eight-nine years before presentation of application, she was married to the respondent as per Hindu rituals and custom. After marriage, the appellant joined the company of the respondent and started living her marital life and after a few days, the respondent started hating her and beating her and ultimately ousted her out of his house, then the appellant came to his material village Matijhariya and on 07.04.2009, her brother and other villagers accompanied by Sarpanch went to his house and tried to reach a settlement, but no such settlement could not be done between them. It is also pleaded by her that the respondent again abused her
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
The court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
The main legal point established in the judgment is the obligation of a man to maintain his wife, children, and parents under Section 125 Cr.P.C. to prevent destitution and provide social justice.
`(1) Only a legally wedded wife can claim maintenance under Section 125 of Cr.P.C.(2) Decree of divorce can only be granted by Court and divorce by agreement is not valid in eyes of law.
The central legal point established in the judgment is the legal and basic obligation of the husband to maintain his wife and minor children, as supported by Section 125 of Cr.P.C., Article 15(3) of ....
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