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SUSMITA PHUKAN KHAUND
Shahzahan Ali @ Amin, S/o. Late Mokbul Hussain Sarkar – Appellant
Versus
Sabina Easmin, W/o. Shahzahan Ali – Respondent
JUDGMENT :
1. Heard Mr. R. Ali, learned counsel for the petitioner and Mr. S.A. Ahmed, learned counsel for the respondent.
2. Petitioner has filed this application u/s 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) seeking quashing and setting aside of the order dated 16.07.2022 passed by the Principal Judge, Family Court, Barpeta in connection with F.C. (Crl.) Misc. Case No. 99/2021 arising out of M.R. Case No. 658/2008.
3. The respondent filed an application u/s 125 Cr.PC before the Chief Judicial Magistrate, Barpeta alleging inter alia that her marriage was solemnised with the petitioner according to Islam Shariat. The couple are blessed with two children. The petitioner then started demanding dowry and the respondent was meted out with cruelty to fulfil the petitioner’s illegal demand of dowry. Finally the petitioner neglected to maintain his wife and two children. The respondent is unemployed and has no source of income whereas the petitioner has a pharmacy and earn around Rs. 8,000/-to 10,000/- per month. He is the owner of a parcel of land admeasuring 1 Bigha. The petitioner contested the proceeding u/s 125 Cr.PC and submitted written
The importance of contesting the proceeding and complying with maintenance orders.
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.
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.
(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 ....
The legal principle established is that a husband has a duty to maintain his wife and children, and failure to provide adequate evidence of financial hardship can result in the court awarding mainten....
Maintenance must ensure reasonable support without unjust enrichment, requiring balance between the parties' financial capacities and needs regardless of income disparities.
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