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MRIDUL KUMAR KALITA
Shohidul Islam, S/o. Billal Hussain – Appellant
Versus
Mehera Khatun, D/o. Afsar Ali – Respondent
JUDGMENT :
1. This Criminal Revision Petition has been registered on filing of an application, under section 397/401/482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, by the petitioner Shohidul Islam, impugning the Judgment dated 08.11.2019, passed in F.C.(Crl.) Case No. 677/2018, by the learned Principal Judge, Family Court No. 2, Guwahati, whereby the present petitioner was directed to pay monthly maintenance allowance of Rs.3000/- (Rupees Three Thousand) to the present respondent from the date of the said Judgment. The present petitioner was also directed, by the impugned Judgment, to clear the payment of entire arrear interim maintenance allowance within 2(two) months from the date of the Judgment.
2. The facts relevant for adjudication for Criminal Revision Petition in brief are as follows:-
The court reinforced that maintenance obligations under Section 125 Cr.P.C. are critical, and failure to comply with court orders can lead to severe legal consequences.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
The plea raised in a Revision Petition should have been raised before the Trial Court and cannot be raised for the first time in a Revision Petition.
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
The main legal point established is that a wife is not entitled to maintenance under Section 125 Cr.P.C. if she refuses to live with her husband without sufficient reason.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
The entitlement to maintenance under Section 125 Cr.P.C. and the consideration of financial constraints in determining the maintenance amount.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
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