Back
ANISH DAYAL
Poonam – Appellant
Versus
Suraj Pal – Respondent
JUDGMENT
1. This common judgment and order will decide both these petitions, one filed by Ms. Poonam (petitioner in CRL.M.C. 1758/2021) and the other filed by Mr. Surajpal (petitioner in CRL. REV. P. 258/2021). Both these petitions have been filed seeking setting aside of the impugned order dated 27th March, 2021 passed by the Ld. ASJ, (West), Tis Hazari Courts, New Delhi in Crl. A. 33/2021. Since both are petitioners in these cross petitions, for the ease of reference, petitioner Poonam shall hereinafter be referred as `P' and petitioner Surajpal shall hereafter be referred as `S'.
2. The background facts are that `P' and `S' got married on 3rd February, 2005 at Delhi and three children were born out of this wedlock. In 2016, there was matrimonial discord between `P' and `S', where `P' alleged that `S' had been subjecting her to cruelty for demand of dowry and that `S' was a habitual drunkard who had physically abused her while also maintaining illicit relationships outside the marriage. `P' filed a petition under Section 12 of Domestic Violence Act (DVA) being CC No. 5552613/2016 along with an application under Section 23 DVA for interim maintenance. Vide order dated 11th Novem
The main legal point established is the court's authority to assess and modify maintenance orders, adjust rental income, and impose conditions on property sale and attachment under the Domestic Viole....
The court emphasized the importance of compliance with maintenance orders and directed the respondent to pay 20% of the arrears of maintenance within 20 days.
The court emphasized the responsibility of the respondent to pay arrears of maintenance to the petitioner and highlighted the requirement of filing Affidavit of Disclosure of Assets and Liabilities.
The maintenance amount must ensure adequate support for the dependent spouse and children without imposing an unreasonable burden on the payer, considering the financial circumstances of both parties....
The responsibility of the father to maintain the child and the right of the child to be maintained as per the status of the father. The court should ensure that a child should not be made to suffer d....
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
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
