HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Miteshbhai Dinkarbhai Makvana – Appellant
Versus
State of Gujarat – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 and learned advocate Mr. Jigneshkumar Nayak waives service of notice of Rule for and on behalf of respondent Nos.2 and 3.
[2.0] By way of present application under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant – husband has challenged the judgment dated 03.09.2024 passed below Exh.35 by the learned Principal Judge, Family Court, Surendranagar in Criminal Misc. Application No.118 of 2024, whereby the learned Judge has partly allowed the application being CR.MA No.118/2024 filed by the respondent Nos.2 and 3 herein i.e. wife and minor son and enhanced the amount of maintenance from Rs.2000/- to Rs.4500/- ordered to be paid to respondent No.2 and Rs.1500/- to Rs.3500/- ordered to be paid to respondent No.3 and thus enhanced the amount of maintenance to total Rs.8000/- from the date of application i.e. 10.04.2023 regularly.
[3.0] The brief facts of the present case are as under:
[3.1] The applicant married with the respondent No.1 at on 23.02.2014 and out of the said wedlock, respondent No.2 gave bir
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Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
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Maintenance can be awarded for children in utero under Section 125, provided legal criteria and evidence are sufficiently met.
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 obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
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