THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Boby Das, W/o. Sri Kantiram Das – Appellant
Versus
Kantiram Das, S/o. Late Deben Das – Respondent
| Table of Content |
|---|
| 1. procedural background and factual history of the maintenance dispute. (Para 1 , 2 , 3) |
| 2. petitioner's contention for extended maintenance based on educational needs and cited precedents. (Para 4 , 5 , 6 , 7) |
| 3. interpretation of section 125(1) crpc limiting maintenance for children to the age of majority. (Para 8 , 9 , 10 , 11) |
| 4. dismissal of the revision petition due to lack of merit. (Para 12) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Dr. N. Deka, learned counsel for the revision petitioner. Also heard Mr. S.K. Goswami, learned counsel for the sole respondent.
2. The instant criminal revision petition arises out of the impugned order dated 26.05.2025 in the F.C (Criminal) Case No.462/2017 (under Section 125 of the Cr.PC, 1973).
3. As per the version of the petitioner, the marriage between the parties was solemnized as per Hindu rites and rituals in the month of January 1997 and out of this wedlock three children were born. Since 2013, the respondent has been alleging an affair of the petitioner with his own brother and he filed a case for decree of divorce vide F.C. (Civil) Case No.741/2013 which was later on withdrawn by him in the year 2016 to persuade the petit
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....
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
Maintenance obligation to minor child is absolute under Section 125 CrPC, irrespective of parental disputes; wife's claim requires evaluating her earning capacity, reason for separate living, and hus....
The main legal point established is that a husband and father is obligated to provide maintenance to his wife and minor son, based on his sufficient means, despite his need to support his ailing moth....
The main legal point established in the judgment is the maintainability of a maintenance petition filed by a petitioner for herself and on behalf of her minor brother, and the exercise of suo motu po....
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
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