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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Ankush Kumar Parashar S/o Shri Brijesh Parashar – Appellant
Versus
Sapna @ Mona W/o Sh. Ankush Parashar – Respondent
| Table of Content |
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| 1. dispute over income and entitlement to maintenance. (Para 1) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Criminal Revision Petition under Sections 438 /442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) has been filed on behalf of the Petitioner/Ankush Kumar Parashar for setting aside/modify Order dated 30.04.2024 passed by learned Judge, Family Courts, North District, Karkardooma Courts, Delhi, in MT Case No.504/2019, whereby Petition under Section 125 Code of Criminal Procedure, 1973 (hereinafter referred to as ‘ Cr.P.C .’) filed by the Respondents was allowed and the Petitioner was directed to pay maintenance @ Rs.25,000/- per month.
2. It is submitted that the Petitioner/Ankush Kumar Parashar and Respondent No.1/ Sapna @ Mona got married on 02.07.2017 according to Hindu rites and ceremonies. One child, namely, Master Madhav/Respondent No.2 was born from the said wedlock on 13.06.2018, who is presently in custody of Respondent No.1. She is alleged to have left the matrimonial home by her free will, without any sufficient reason.
3. The Petitioner has claimed that he has been deprived of love, affection and bonding with his son, as R
Court must consider both parties' financial situations and earning capacities when determining maintenance amounts.
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....
The main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
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 ruled that maintenance must reflect the full financial capacity of the respondent, ensuring adequate support for the petitioner and minor child, and should be awarded from the date of filin....
The main legal point established in the judgment is the determination of maintenance under Section 125 Cr.P.C. for the wife and minor child, and the court's discretion to enhance the maintenance base....
Maintenance obligations must ensure the spouse's dignity and can only be reduced by unavoidable expenses, not voluntary debts; husband's income and financial responsibilities are critical in determin....
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
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