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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA BENCH
YARENJUNGLA LONGKUMER
Athrila Sangtam – Appellant
Versus
Likhase L.T. Sangtam – Respondent
| Table of Content |
|---|
| 1. factual history of marital discord and prior judicial/customary orders. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments regarding maintainability of section 125 crpc alongside customary law settlements. (Para 10 , 11 , 12 , 13) |
| 3. section 125 crpc is a secular, independent, and overriding legal remedy for maintenance. (Para 14 , 15 , 16 , 17) |
| 4. court’s analysis of legal errors in lower court's dismissal of the application. (Para 18 , 19) |
| 5. remand of the case for fresh adjudication with instructions for asset disclosure. (Para 20 , 21 , 22 , 23) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
The instant petition under Section 397/401 of the CrPC R/W Section 19(4) of the Family Courts Act, 1984 has been filed assailing the impugned Judgment & Order dated 27.02.2024 passed in Maintenance Case No. 04/2021 by the Family Court, Dimapur, Nagaland.
2. Heard the learned counsel for the petitioner, Ms. Esther K. Aye as well as Mr. P.B. Paul for the respondent.
3. The facts leading to the Maintenance case 04/2021 is that the petitioner and the respondent had been living together as husband and wife since October, 2015 and a formal wedding was held in the presence of the family members
Maintenance rights under Section 125 of the Criminal Procedure Code are statutory and cannot be waived through mutual agreements, protecting the interests of both divorced spouses and their children.
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
A divorce on grounds of desertion does not stop a divorced woman from claiming maintenance under Section 125 CrPC, thus recognizing her entitlement despite earlier payments treated as permanent alimo....
A divorced Muslim woman can assert her right to maintenance under Section 125 of Cr.P.C. despite prior agreements, if those agreements fail to provide adequate future support.
The plea of divorce in a petition under Section 488 Cr.P.C. does not absolve the husband of the responsibility to maintain his wife and minor children. Maintenance awarded under Section 20 of the D.V....
Maintenance can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
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