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HASMUKH D. SUTHAR
Faizan Nizam Qureshi – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present application, applicant has requested to quash and set aside the judgment and order dated 18.04.2022 passed by learned Judge Court No.4, Family Court, Ahmedabad in Criminal Misc. Application No.1292 of 2019, whereby the learned Judge has partly allowed the application filed by the respondent-wife and directed the applicant to pay maintenance of Rs.10,000/- per month to wife and also to pay the said amount of arrears within 30 days and in default of the same the interest of 6% per annum shall be leviable.
2. Rule. Learned APP waives service of rule for the respondent-State and Mr.O.I. Pathan, learned advocate waives service of rule for the respondent No.2.
3. Heard learned advocates for the respective parties. At the request of learned advocates for the respective parties, the matter is taken up for final hearing today.
4. Brief facts of the case are that the applicant married with the respondent No.2 at Ahmedabad on 07.12.2016. Thereafter, respondent No.2 wife of the applicant was meted with physical and mental cruelty and she was severely beaten by the applicant and thereafter, applicant has thrown her out of her house and left her and now she is forced
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....
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 requirement for the husband to provide proof of income and turnover for calculating maintenance under the Protection of Women from Domestic Vio....
Under Section 125(2) of the Cr.P.C, a husband has a duty to provide financial support to his wife and children.
The obligation of the husband to provide maintenance stands on a higher pedestal than the wife, and the standard of living enjoyed by the wife during the marriage must be maintained by the husband ev....
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