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MITALI THAKURIA
Faridul Islam S/o Romej Uddin – Appellant
Versus
Karishma Khatun D/o Abdus Samad – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. A. A. Dewan, learned counsel for the petitioner. Also heard Mr. M. Ali, learned counsel for the respondent.
2. This application has been filed under Section 397/401 of the Code of Criminal Procedure, 1973 challenging the impugned Judgment & Order dated 08.02.2023, passed by the learned Principle Judge, Family Court, Barpeta, in F.C. (Crl.) Case No. 491/2021, registered under Section 125 of Cr.P.C., whereby, the petitioner/2nd party was directed to pay maintenance of Rs. 4,000/- (Rupees Four thousand) only to the present respondent/1st party.
3. The facts leading to the filing of the present revision petition are as follows: The respondent, as the 1st party, filed an application under Section 125 of the Cr.P.C. claiming maintenance from the present petitioner/2nd party. The respondent's case, in brief, is that she got married with the petitioner on 04.03.2020 as per Muslim Shariat. She contends that, two months after their marriage, the petitioner started demanding Rs. 5,00,000/- as dowry due to direct instigation and inducement by other family members of the petitioner. She alleges that when she was unable to meet this demand, the petitioner sub
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.
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....
(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 ....
Maintenance must ensure reasonable support without unjust enrichment, requiring balance between the parties' financial capacities and needs regardless of income disparities.
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 importance of contesting the proceeding and complying with maintenance orders.
A husband is legally obligated to maintain his wife and children under Section 125 Cr.P.C., and claims of financial incapacity must be supported by credible evidence; failure to do so can result in t....
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