DIVYESH A. JOSHI
Jitendrabhai Mahendrabhai Mehta – Appellant
Versus
Apekshaben Rameshbhai Rajyaguru – Respondent
JUDGMENT :
1. By way of present petition, the petitioner – husband has challenged the order dated 17.12.2014 passed by the learned Principal Judge, Family Court, Bhavnagar in Criminal Misc. Application No.198/2013, whereby the petitioner was directed to pay Rs.10,000/- per month along with cost of application of Rs.1,000/- to the respondent – wife.
2. Heard learned advocate, Mr. Pruthivraj Solanki for learned advocate, Mr. A.S. Asthavadi for the petitioner, learned advocate, Mr. Kuldeep Vaidya for the respondent no.1 and learned APP Ms. Jyoti Bhatt for the respondent no.2 – State of Gujarat.
3. Learned advocate for the petitioner submitted that the petitioner – husband got married with the respondent – wife on 09.12.2001 and after the marriage, both started residing together along with the family of the petitioner – husband but somehow in the year 2009, the respondent – wife left her matrimonial house without any reason and, thereafter, she filed an application for maintenance before the learned Family Judge, Bhavnagar being Criminal Misc. Application No.198/2013 inter alia praying for maintenance of Rs.20,000/-, however, learned Judge, without properly considering the income of the p
The court affirmed that a wife is entitled to maintenance unless disqualified, emphasizing the husband's obligation to support her, especially when she has been subjected to harassment.
Maintenance – Obligation of husband is on a higher pedestal when question of maintenance of wife and children arises.
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
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.
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
(1) Compelling a married women to live in her parental home, is also a cruelty.(2) Wife is entitled to enjoy same status which she would have enjoyed in her matrimonial house. Wife cannot be compelle....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
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....
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