Back
HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
Anjali Rai W/o Dr. Ashish Rai – Appellant
Versus
Ashish Rai S/o Rajesh Rai – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This criminal revision has been preferred by the applicant under Section 19(4) of the Family Courts Act read with Section 438 read with Section 442 of the BNSS, 2023, being aggrieved by the order dated 04.10.2024 passed by the learned Judge, Family Court, Surajpur, District Surajpur (C.G.) in Misc. Criminal Case No.92/2021, whereby the Family Court has dismissed the application under Section 125 of CrPC filed by the applicant herein.
2. Brief facts of this case are that the applicant filed an application U/s 125 of Cr.P.C. before the learned Family Court for grant of maintenance, stating therein that she is legally married wife of the non- applicant and their marriage was solemnized on 09.02.2020 according to Hindu rites and rituals. After marriage, she went to the house of non- applicant for performing matrimonial obligations, but the non-applicant subjected her to cruelty on account of demand of dowry and ultimately the non-applicant ousted her from the matrimonial house, therefore she is living separately in her parental house. It was further specifically contended by the applicant that the non-applicant is working as Medical Officer and thereby
The court held that an applicant's sufficient income and educational background can negate entitlement to maintenance under Section 125 of CrPC.
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
Children have a statutory and moral obligation to maintain their elderly parents, which cannot be dismissed due to personal financial difficulties.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
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 husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
