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MITALI THAKURIA
Shafiuzzaman – Appellant
Versus
Resma Parbin D/O Faijur Rahma – Respondent
JUDGMENT :
Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. J. Ali, learned counsel for the respondent.
2. This is an application filed under Section 397/401 read with Section 482 of the Code of Criminal Procedure Code, 1973 challenging the Judgment and Order dated 10.04.2023 passed by the learned Principal Judge, Barpeta in F.C. (Crl.) Case No.250/2022 directing the petitioner to pay an amount of Rs.5,000/-(Rupees Five thousand) only per month to the respondent towards the monthly maintenance.
3. The brief facts of the case is that the respondent as a first party filed an application under Section 125 of Cr.P.C. before the learned Family Court, Barpeta alleging interaliathat the respondent entered into marriage with the petitioner on 06.08.2017 according to Muslim Sariyat by executing Kabin-Nama. But, after six months of their marriage, the petitioner started torturing her mentally and physically and also demanded an amount of Rs.3 Lakhs along with some wooden furniture. Finally, on 02.02.2021 the present respondent was driven out of her matrimonial house and thereafter, she took shelter in her parental house. It is further alleged that since the day she left her
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.
A husband is obligated to provide maintenance to his wife under Section 125 of the Cr.P.C. if he has the means, regardless of the wife's alleged misconduct.
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
The main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The entitlement to maintenance under Section 125 Cr.P.C. and the consideration of financial constraints in determining the maintenance amount.
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.
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