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MALASRI NANDI
Sumita Mazumdar C/o Mr. Subhash Bhattacharjee – Appellant
Versus
Debasish Mazumdar Son of Late Dulal Mazumdar – Respondent
JUDGMENT :
MALASRI NANDI, J.
Heard Mr. M, Nath, learned counsel for the petitioner. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent.
2. By filing this application under Section 397 , 401 read with section 482 of the Code of Criminal Procedure, 1973 , the petitioner has prayed for setting aside the Judgment and Order dated 12/04/2022 passed in F.C. (Crl.) 361/2013 by the Learned Principal Judge, Family Court No. 1, Kamrup (M) at Guwahati.
3. The brief facts of the case is that the petitioner got married with the respondent on 27/01/2008 as per Hindu rites and rituals at Guwahati and their marriage was registered before the Marriage Officer, Kamrup (Metro) whereby a certificate was issued under No. 158 dated 28/01/2008. However, after few months of their marriage, the respondent and his family members began to quarrel with the petitioner over every trivial matter. The respondent and his family members used to torture the petitioner both mentally as well as physically by using abusive languages. The mother-in-law and sister-in-law of the petitioner forcefully snatched away all the jewelleries, clothes and valuab
The court emphasized the limited scope of revisional jurisdiction, stating it cannot re-evaluate evidence already considered by the lower court.
The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
The plea raised in a Revision Petition should have been raised before the Trial Court and cannot be raised for the first time in a Revision Petition.
Maintenance under the Cr.P.C. is extendable to adult daughters until marriage, ensuring their financial support despite age.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
Point of law - As per Section, 125 of Cr.P.C, only minor child is entitled to get maintenance amount. Therefore, regarding second respondent, the revision petitioner need not to pay maintenance amoun....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
The court ruled that maintenance must reflect the full financial capacity of the respondent, ensuring adequate support for the petitioner and minor child, and should be awarded from the date of filin....
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