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MALASRI NANDI
Mustak Ahmed, S/o. Late Ali Ahmed – Appellant
Versus
Sakila Banu, W/o. Md. Mustak Ahmed, D/o. Late Md. Ismail – Respondent
Headnote: Read headnote
JUDGMENT :
Heard Mr. U.J. Saikia, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the respondent.
2. The petitioner being the husband of the respondent/wife filed an application under Section 401 Cr.P.C. against the judgment and order dated 07.05.2021 passed by the learned Principal Judge, Family Court II, Kamrup(M) in F.C.(Crl.) Case No. 377/2016 granting maintenance of Rs.7,000/- per month to the respondent/wife and for her child.
3. The respondent/wife filed an application under Section 125 Cr.P.C. before the Family Court praying for granting maintenance for her and her minor child on the ground that she was unable to maintain herself. In the said petition, the respondent/wife contended that she got married to the petitioner and after their marriage, they lived together as husband and wife and out of their wedlock, a male child was born. It was alleged by the respondent/wife that the petitioner and his sister demanded money from the respondent/wife amounting to Rs.4 lakh
Section 125 Cr.P.C. is meant to achieve a social purpose. Object is to prevent vagrancy and destitution.
The court emphasized the need for balancing maintenance amounts to ensure support for dependents while preventing misuse of maintenance provisions.
The main legal point established in the judgment is the obligation of a man to maintain his wife, children, and parents under Section 125 Cr.P.C. to prevent destitution and provide social justice.
The duty of the husband to provide financial support to the wife and the purpose of Section 125 of the Cr.P.C. as a measure of social justice to prevent destitution and vagrancy of deserted wives and....
The obligation of a husband to provide financial support to the wife and children is sacrosanct, and maintenance proceedings are essential to prevent vagrancy and destitution of a deserted wife and c....
The central legal point established in the judgment is the legal and basic obligation of the husband to maintain his wife and minor children, as supported by Section 125 of Cr.P.C., Article 15(3) of ....
Grant of maintenance to wife and minor daughter – Mere capacity of wife to earn something or her qualification would not be reason for denying maintenance to wife.
Grant of maintenance to wife and minor daughter – Mere capacity of wife to earn something or her qualification would not be reason for denying maintenance to wife.
Maintenance – Obligation of husband is on a higher pedestal when question of maintenance of wife and children arises.
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