ROBIN PHUKAN
Naren Das – Appellant
Versus
Sandhyawati Das – Respondent
JUDGMENT :
Robin Phukan, J.
Heard.
2. In this Criminal Revision Petition under Section 397/401 of the Code of Criminal Procedure, the petitioner, namely, Naren Das has put to challenge the correctness or otherwise of the judgment and order dated 21.03.2022, passed by the learned Principal Judge, Family Court, Nalbari, in F.C. (Criminal) Case No. 825/2019. It is to be noted here that vide impugned order dated 21.03.2022, the learned Principal Judge, Family Court, Nalbari, had directed the petitioner to pay a sum of Rs. 2,000/- per month to the respondent towards maintenance allowance.
3. The background facts, leading to filing of the present Criminal Revision Petition, are adumbrated as under:—
Amrit Kapoor v. Ramesh Chander
Dulichand v. Delhi Administration
State of Maharashtra v. Jagmohon Singh
The evidence of marriage and negligence can establish entitlement to maintenance allowance under Section 125 of Cr. P.C.
Term ‘wife’ in Section 125 of Code of Criminal Procedure, includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried.
In maintenance proceedings under Section 125 Cr.P.C., the standard of proof for marriage is not as strict as under Section 494 IPC; a presumption of marriage can be drawn if parties lived together, a....
A wife living in adultery is disqualified from claiming maintenance under Section 125 Cr.P.C., requiring proof of a continuous adulterous relationship.
A petitioner seeking maintenance under Section 125 Cr.P.C. must prove a marital relationship, albeit with a less strict standard of proof.
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.
Maintenance can be awarded only to a wife who is unable to maintain herself. The Court has to find out what is required by the wife to maintain a standard of living which is neither luxurious nor pen....
A divorced woman is entitled to claim maintenance under Section 125 Cr.P.C., as per Explanation (b) to the section, which includes divorced women as wives.
Power to adjudicate on the issue of maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such maintenance/monthly ....
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