Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Md. Jikibur Rahman, S/O Safaruddin – Appellant
Versus
State Of Assam Rep. By The PP – Respondent
| Table of Content |
|---|
| 1. summary of procedural history and appeal details (Para 1 , 2 , 3 , 4 , 5) |
| 2. contention regarding adequacy and evidentiary basis for maintenance (Para 6 , 7 , 8 , 9) |
| 3. mandatory filing of assets/liabilities affidavit per rajnesh v. neha (Para 10 , 11 , 12) |
| 4. remand of proceedings with specific temporal directions (Para 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr A A Dewan, learned counsel appearing for the petitioner. Also heard Mr R J Baruah, learned Additional Public Prosecutor appearing for the State of Assam and Mr B K Sen, learned counsel appearing as the Legal Aid Counsel for the respondent No. 2.
2. This Criminal Revision Petition arises from an order dated 17.03.2022, passed by the learned Sessions Judge, Nagaon, in Criminal Appeal No. 17(N)/2019, by which the order dated 21.02.2019, passed by the learned Judicial Magistrate First Class, Nagaon, in DV Case No. 137/2016, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, has been modified. The respondent No. 2 herein had, as an applicant/petitioner, preferred DV Case No. 137/2016 under of the Protection Of Women From Domestic Violence Act, 2005 praying for the fol
Courts determining maintenance and compensation must mandate the filing of comprehensive affidavits disclosing assets and liabilities. Awards cannot be established through arbitrary income assumption....
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
Quantum of maintenance must be decent and adequate.
Maintenance must be just and reasonable, balancing the financial status of the husband and standard of living accustomed to by the wife, while concurrent factual findings should only be disturbed if ....
The quantum of maintenance under the Protection of Women from Domestic Violence Act, 2005 should be fair and reasonable, taking into account the standard of living of the parties involved.
Allegations of domestic violence must be proven for entitlement to reliefs under the DV Act, and the court may consider the respondent's financial resources in determining maintenance allowance.
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
