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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
Susmita Phukan Khaund
...... – Appellant
Versus
...... – Respondent
| Table of Content |
|---|
| 1. challenges to maintenance enhancement petition (Para 2 , 3) |
| 2. arguments against petitioner’s claims (Para 4 , 5) |
| 3. court observations on social justice and responsibilities (Para 6 , 7) |
| 4. supreme court precedents on maintenance law (Para 8) |
| 5. court's reasoning and modification of maintenance amount (Para 9 , 10 , 11) |
| 6. final order of the court (Para 12 , 13) |
JUDGEMENT :
Susmita Phukan Khaund, J.
1. Heard learned counsel, Mr A Hussain, for the petitioner, and learned counsel, Mr A Z Ahmed, for the respondent No. 1. Also heard learned Additional Public Prosecutor, Mr B Sarma, for the State/respondent No. 2.
2. This is an application under Sections 401 /397, read with Section 482 of the Code of Criminal Procedure, 1972 (hereinafter, for short, ‘the CrPC’), challenging the Judgment and Order dated 16.02.2024, passed by the learned CJM, South Salmara, Mankachar, in connection with Misc Case No.50/2022. The petitioner is aggrieved as the monthly maintenance has been enhanced from Rs. 2,000/-..to Rs. 10,000/-. The petitioner is directed to pay Rs. 6,000/- as monthly maintenance to his first wife and Rs. 4,000/- to his second wife.
3. It is submitted on behalf of the petition
The enhancement and modification of maintenance payments must consider the change in financial circumstances, prioritizing the dependents' welfare to uphold social justice.
The court upheld the enhancement of maintenance due to increased salary and living costs, affirming the obligation to support dependents at a standard of living commensurate with the petitioner's sta....
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
The husband has a duty to provide financial support to the wife and minor children, and maintenance proceedings aim to prevent vagrancy and destitution of a deserted wife.
A husband's obligation to maintain his wife is a continuing duty that can be adjusted based on substantial changes in financial circumstances, as defined under Sections 125 and 127 of the Code of Cri....
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.
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