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J. C. DOSHI
Kumpal Jagdishbhai Madrasi – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Present Revision Application is filed under section 397 read with section 401 of Cr.P.C. to quash and set aside the order dated 16.02.2023 passed by the learned Family Court, Surat below Exh.85 in Criminal Misc. Application No.1182 of 2017, whereby, the learned Family Court, Surat has directed the petitioner to pay maintenance of Rs.12,000/- per month from 27.09.2017 to December, 2019, Rs.14,000/- per month from January, 2020 to December 2022 and further to pay maintenance of Rs.15,000/- per month from January, 2023 regularly to the respondent - wife.
2. Facts of the case are as under :-
2.1. On 13.05.2017, the petitioner got married with respondent - wife. It is further alleged that after marriage, mother and aunt of the petitioner created disturbance between the petitioner and respondent wife and they used to torture her. As per case of respondent - wife, on 15.06.2017 the petitioner without informing her departed to USA. Upon inquiry, her mother in law, started abusing respondent - wife. It is alleged that on 22.07.2017, mother in law of the respondent wife after collecting all jewellery, marriage certificate, cash etc. from respondent wife, locked their house and lef
The central legal point established in the judgment is the entitlement of the wife to maintenance under section 125 of Cr.P.C. based on her inability to maintain herself and the husband's financial c....
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.
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 court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
The central legal point established in the judgment is the husband's liability to pay maintenance if the wife is unable to maintain herself and if the husband has sufficient means, as per Section 125....
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....
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
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