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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Golap Hussain, Son of Late Taizuddin Sarkar – Appellant
Versus
Roushanara Begum W/o Golap Hussain – Respondent
| Table of Content |
|---|
| 1. maintenance proceedings initiation (Para 1 , 2) |
| 2. evidence provided by parties (Para 3 , 4) |
| 3. family court's decision criteria (Para 6 , 15) |
| 4. petitioner's arguments against maintenance (Para 8 , 9 , 10 , 11 , 14) |
| 5. legal perspective on maintenance rights (Para 12 , 16) |
| 6. reasonableness of maintenance order (Para 18 , 19) |
| 7. conclusion and enforcement of order (Para 20 , 21 , 22) |
JUDGMENT :
S.K. Medhi, J.
The instant revision petition has been filed against a final order dated 30.05.2025 passed by the learned Family Court, Barpeta in a proceeding under Section 125 CrPC [corresponding to Section 144 BNSS , 2023] registered as F.C. (Crl.) Case No. 509/2022. By the aforesaid order, maintenance @ Rs.7,000/- to the second party - wife and an equivalent amount for the daughter have been granted.
2. The facts which have revealed from the case records are that that the second party - wife had instituted the aforesaid proceeding by filing a complaint before the learned Family Court, Barpeta. It was averred that the second party was forced to leave the matrimonial house on 23.03.2022 along with her daughter due to torture and was staying at her parental house. It is also averr
The maintenance order under Section 125 CrPC aims to support those unable to maintain themselves, emphasizing social justice without penalizing past neglect.
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
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.
Maintenance under Section 125 Cr.P.C. is a social justice measure to ensure a deserted wife and children receive adequate financial support, reflecting their standard of living during marriage.
The court affirmed that a wife is entitled to maintenance unless disqualified, emphasizing the husband's obligation to support her, especially when she has been subjected to harassment.
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
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