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PARTH PRATEEM SAHU
Saraswati Sahu W/o Manrakhan Sahu – Appellant
Versus
Manrakhan Sahu S/o Ratiram Sahu – Respondent
ORDER :
1. The applicants have filed this revision challenging the illegality and sustainability of the order dated 31.08.2021 passed in Criminal Case No. 378/2019 by the learned Family Court, Balodabazar, District-Balodabazar-Bhatapara whereby, the learned Family Court has dismissed the application filed under Section 125 of the Cr.P.C. seeking maintenance from the non-applicant.
2. Facts relevant for disposal of this revision are that Applicant No. 1 got married with Non-applicant No. 1 in accordance with the Hindu rites and rituals about 20 years ago from the date of filing of the application under Section 125 of the Cr.P.C. In the affidavit submitted by the applicant, date of marriage is mentioned as 09.05.1997. After a few months of marriage, Non-applicant No. 1 suspecting character of Applicant No. 1 started ill-treating and assaulting her due to which, brother of the Applicant No. 1 brought her back to her parents’ house. Thereafter, non-applicant did not make any effort to bring her back to matrimonial home. Applicant No. 1 gave birth to Applicant No. 2 in her parents’ house. Feeling aggrieved with the act of non-applicant in not taking care and maintaining them, the applican
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The main legal point established in the judgment is that the term 'wife' under Section 125 of CrPC should be interpreted liberally, considering the social context and the purpose of the provision, to....
Maintenance can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
(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....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
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