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PARTH PRATEEM SAHU
Neha Thakur W/o Durgesh Thakur – Appellant
Versus
Durgesh Thakur S/o Balmiki Thakur – Respondent
| Table of Content |
|---|
| 1. background facts regarding marriage and maintenance. (Para 1 , 2) |
| 2. arguments on adequacy of maintenance amounts. (Para 3 , 4) |
| 3. court's observations and analysis of maintenance rights. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. legal standards and guidance on determining maintenance. (Para 11 , 12 , 13 , 14) |
| 5. judicial principles formulated for calculating maintenance amounts. (Para 15) |
| 6. final orders regarding enhancement of maintenance. (Para 16 , 17) |
ORDER :
1. Applicant has filed this revision questioning the legality and sustainability of the order dated 30.04.2022 passed by the learned 2nd Additional Principal Judge, Family Court, Durg (CG) in MJC No.1276 of 2016 whereby learned Family Court has allowed the application under Section 125 of Cr.P.C. filed by applicants in part and awarded maintenance to the tune of Rs. 4,000/- to applicant No. 1 and Rs. 2,500/- to applicant No. 2.
2. Facts relevant for disposal of this revision are that applicant No. 1 married with the non-applicant on 14.12.2015. From their wedlock they were blessed with applicant No. 2. After some time of marriage, applicant was harassed, ill-treated on account of demand of dowry of Rs. 3,00,000/-. Appl
Maintenance awarded under Section 125 should ensure the dependent spouse's comfort, considering the standard of living and financial capacity of the spouse obliged to pay.
Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluct....
Maintenance under Section 125 Cr.P.C. is a social justice measure to ensure a deserted wife and children receive adequate financial support, reflecting their standard of living during marriage.
(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....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The legal principle established is that a husband has a duty to maintain his wife and children, and failure to provide adequate evidence of financial hardship can result in the court awarding mainten....
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintena....
The court upheld the Family Court's decision to enhance maintenance, emphasizing the need for financial support to ensure a dignified standard of living for dependents.
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