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GITA GOPI
KRUPA W/O KALPESH BADRESHKUMAR MEHTA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
GITA GOPI, J.
1. The petitioner-party-in-person has remain present before this Court on several adjournments. Today, she is appearing through video conferencing; she herself is placing her case before the Court and arguing the matter.
2. In Criminal Revision Application No. 776 of 2016, the petitioner has prayed for quashing and setting aside the part of the order dated 13.06.2016 passed by learned Family Court, Surat in Criminal Misc. Application No. 333 of 2013, stating that the amount of maintenance and the cost ordered is less.
3. The party-in-person referring to the facts of the case stated that the husband is in Singapore and earlier she was too residing at 5- 210, North Tower, 36 College Avenue, University Town, National University of Singapore, Singapore, along with the husband.
4. As per the facts of the case, the petitioner after marriage with respondent no. 2 on 07.03.2011 as per Hindu Rites and customs at Dholka, District Ahmedabad, had resided with the husband, mother-in-law, brother-in-law and his family members for about four days at Ahmedabad. She has alleged, at that time, they had not behaved properly with her and the ornaments, given at the time of marriage
Maintenance must reflect the husband's income and the wife's needs, ensuring she can maintain a standard of living comparable to that during marriage.
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.
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
The main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
The right to maintenance under Section 125 Cr.P.C. cannot be denied based on a wife's qualifications or potential earnings, especially when she has sacrificed her career for matrimonial duties.
A husband is legally obligated to maintain his first wife and children, even after a second marriage, and a wife's refusal to live with her husband due to the presence of a second wife is justified u....
(1) Maintenance – Even if wife is earning, it cannot operate as a bar from being awarded maintenance by husband – It is moral duty of husband to pay maintenance to her wife but it does not mean to sq....
The main legal point established in the judgment is the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount under the Protection of Women from Dom....
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