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NARENDRA KUMAR VYAS
Sanjay Kumar Mandal S/o Late Shri S. P. Mandal – Appellant
Versus
Sunila Mandal W/o Late Shri S. P. Mandal – Respondent
ORDER :
1. The applicant has filed this criminal revision under Section 19(4) of the Family Court being aggrieved by the order dated 25-4-2024 passed by the Family Court Bastar at Jagdalpur in Criminal MJC No 100 of 2023 whereby learned Family Court has rejected the application under Section 127 of the Code of Criminal Procedure preferred by the present petitioner for recall of the order dated 19-2-2020 passed by the learned Family Court in MJC No. 172 of 2019 by which the learned Court has passed ex-parte order of maintenance against the present applicant by directing to pay Rs. 15,000/- per month from 19.02.2020.
2. The facts of the case in brief, are that the father of the petitioner Shri S.P. Mandal who was an employee of National Mineral Development Corporation (NMDC) stood retired in the year 2007 and after retirement, as per the policy of the NMDC, father of the petitioner was entitled to get pension and at that time he was getting Rs.4000/- per month as family pension. Smt. Sunila Mandal who is respondent herein is the mother of the present applicant, she is a house wife and is residing at Jagdalpur in the house which was constructed by the father of the present petitioner wh
Children have a statutory and moral obligation to maintain their elderly parents, which cannot be dismissed due to personal financial difficulties.
The court held that an applicant's sufficient income and educational background can negate entitlement to maintenance under Section 125 of CrPC.
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 maintainability of a maintenance petition filed by a petitioner for herself and on behalf of her minor brother, and the exercise of suo motu po....
The court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
Maintenance under Section 125 CrPC is an obligation of the husband to ensure dignity and sustenance for wives and children, emphasizing the social justice perspective.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
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