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MITALI THAKURIA
Abdus Sobhan Khan S/o Lt. Hazi Abdul Kamder Ali Khan – Appellant
Versus
Hanufa Khatun D/o Abdul Aziz – Respondent
JUDGMENT :
Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. A. Hussain, learned counsel for the respondent.
2. This is an application under Section 397/401 readwith Section 482 of the Code of Criminal Procedure, 1973, against the impugned judgment and order dated 01.07.2022, passed by the learned Principal Judge, Family Court, Barpeta, in FC (Crl) Case No. 303/2020, directing the present petitioner to pay an amount of Rs. 5,000/-per month from the date of filing of the petition towards the maintenance allowance of the respondent.
3. The brief facts of the case is that the respondent, as a 1st party, filed an application under Section 125 Cr.P.C. before the Court of learned Principal Judge, Family Court, Barpeta, claiming maintenance alleging inter alia that she entered into a marriage with the petitioner on 21.10.2018 as per Islamic Shariyat and after their marriage, they started living as a husband and wife. But, after few days of their marriage, the 2nd party/the present petitioner and his family members started torturing her mentally and physically demanding Rs. 2,00,000/-from her parental home. As she could not fulfill the demand, the 2nd party/present petition
Point of Law : It is seen that learned Court below committed no error or mistake while passing the judgment and order granting the maintenance to the respondent/1st party.
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.
Maintenance – Obligation of husband is on a higher pedestal when question of maintenance of wife and children arises.
The maintenance order under Section 125 CrPC aims to support those unable to maintain themselves, emphasizing social justice without penalizing past neglect.
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.
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