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GITA GOPI
Nirali Jaydipbhai Bhatti D/O Bharatbhai Vaghela – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The challenge is given by the wife as present applicant to the order passed by Family Court, Amreli on 21.10.2022 in Criminal Miscellaneous Application No.65 of 2022, whereby the maintenance application of the petitioner came to be dismissed. Aggrieved by the judgment and order, the petitioner has preferred the present revision application.
2. The facts of the case suggest that the applicant and the respondent’s marriage was solemnized on 01.02.2019. They resided together in the joint family. The applicant has alleged that she was treated with mental and physical cruelty by the respondent and his family members with a view to get dowry, and without any reasonable cause, on 26.01.2022 she was deserted by the respondent. Therefore, on 06.02.2022, she moved the office of ‘Sakhi One Stop’, and thereafter she was taken back by the respondent. It is stated by the applicant that she was put to threat by the respondent and was instructed not to give such a writing or else she would not be allowed in the house. But, since the applicant denied so, she was deserted by the respondent and now she is living her life without any source of income.
2.1 It is the case of the applicant that t
The obligation of a husband to provide maintenance to his wife is fundamental, and the wife's earning capacity does not negate this obligation.
A wife's earning does not bar her from receiving maintenance; the court must consider the husband's financial status and the wife's lifestyle when determining maintenance.
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....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
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....
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