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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
B.N.KARIA
Rakesh Amarsinh Damir – Appellant
Versus
Bhartiben Rakeshbhai Damir – Respondent
ORDER :
B.N.KARIA, J.
When the matter was placed for admission, respondent no.1 herself is present before the court and she identifies herself as Bhartiben Rakeshbhai Damir.
Rule returnable on 2nd December 2019. Learned APP waives service of notice of rule for and on behalf of the respondent No.2-State. Respondent No.1-Bhartiben Rakeshbhai Damir waives service of notice of rule for and on behalf of the respondent No.1, as she being a practicing advocate.
The applicant has challenged the impugned judgment and order dated 30.09.2019 passed by learned Judge, Family Court No.4, Ahmedabad in Criminal Misc. Application No.2943 of 2002.
Heard learned advocate for the applicant and the respondent no.1.
Learned advocate for the applicant submits that granting 25% of the net income of the applicant per month regularly is against the settled position of law and no justifiable reasons were recorded by the learned Judge in granting such amount of maintenance to the respondent no.1. He has further submitted that son Dhruvesh had attained majority in the year 2015 and as per provisions of Section 125 (1)(b) of the Code of Criminal Procedure, he is not entitled for maintenance from March 2015, however,
The court affirmed that a son attaining majority does not necessarily terminate his eligibility for educational expenses, highlighting the necessity of economic independence for maintenance claims.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
A Family Court having concurrent jurisdiction under Section 125 CrPC and Section 20 of the HAMA Act may grant maintenance to an unmarried major daughter, despite a defect in the filing, to prevent mu....
The duty of the father to provide sustenance for his children, including contributing to their education, and the need for liberal interpretation of social welfare legislations to fulfill their purpo....
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 court reaffirmed the husband's legal obligation to maintain his wife and children, emphasizing that neglecting this duty cannot be justified by the wife's earning capacity.
(1) Section 125 Cr.P.C. is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution – Conceptualisation of Section 125 was m....
The central legal point established in the judgment is the application of Section 125 of the CrPC, emphasizing the purpose of providing maintenance, the determination of earning capacity, and the pri....
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