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SAMIR J. DAVE
Shripal Raja Rajendrakumar Shah – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present application, the applicant has requested to quash and set aside the judgment and order dated 13.08.2021 passed by learned Family Court at Ahmedabad in Criminal Misc. Application No. 450 of 2013.
2. Brief facts of the present case are as under :
That, the marriage of the applicant and respondent no.2 was solemnized on 24.11.2008 at Ahmedabad and out of their wedlock, one daughter namely Brahmi was born and later on matrimonial disputes were started between the applicant and the respondent no.2 and therefore, the respondent no.2 had left her marital home with the respondent no.3 and started residing at her parental home. Thereafter, applicant preferred an application being CRMA No. 356 of 2022 for getting custody of his daughter from the respondent no.2 as well as the respondent no.2 has filed application being Criminal Misc. Application No. 450 of 2013 for getting maintenance. Thereafter, the applicant had preferred HMP Suit No. 1541 of 2012 for divorce as well as application under Section 6(4) of the Hindu Guardians and Wards Act for getting custody of their daughter before the learned Family Court, which came to be withdrawn. Thereafter, applicant was
The central legal point established in the judgment is the husband's duty to maintain his wife and children, the discretion of the court to award maintenance based on the husband's financial capacity....
The central legal point established in the judgment is the husband's duty to maintain his wife and children, as emphasized by the legal provisions and ratio laid down by various High Courts and the S....
Grant of maintenance to wife and minor daughter – Mere capacity of wife to earn something or her qualification would not be reason for denying maintenance to wife.
Grant of maintenance to wife and minor daughter – Mere capacity of wife to earn something or her qualification would not be reason for denying maintenance to wife.
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
Interim maintenance under Section 125 is provisional and requires evidence of adoption for claims by stepchildren; the court upheld the Family Court's assessment of income and entitlement.
Under Section 125(2) of the Cr.P.C, a husband has a duty to provide financial support to his wife and children.
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
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