PUSHPENDRA SINGH BHATI
Richa Dharu – Appellant
Versus
Hemant Panwar – Respondent
ORDER
1. This Criminal Revision Petition has been preferred claiming the following reliefs:
It is, therefore, humbly prayed that this criminal revision petition may kindly be allowed and it is therefore, humbly prayed that the revision petition may kindly be allowed and order dated 28.08.2019 passed by the learned Family Court No.2, Bikaner in Case No.227/2018 (586/16) titled as Richa Dharu Vs. Hemant Panwar, may kindly be quashed and set aside and the application filed by the petitioner under Section 125 Cr.P.C. may kindly be allowed and accordingly award the amount of maintenance to the petitioner Rs.30,000/- per month from the date of filing of the application.
2. Learned counsel for the petitioner-wife submits that the respondent-husband is working on the post of Branch Manager in Bank of Baroda and is earning income of Rs.90,000/- per month.
3. Learned counsel further submits that the learned court below has denied the monthly maintenance to the petitioner-wife only on the ground that the divorce has been allowed between the parties. Learned counsel also submits that the divorce was ex-parte claimed by the respondent.
4. Learned counsel has relied upon the proviso to Section 125(1)
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
The court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
The central legal point established in the judgment is the husband's liability to pay maintenance if the wife is unable to maintain herself and if the husband has sufficient means, as per Section 125....
A divorced woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself, and the father is obligated to support their minor child.
A divorced wife can claim maintenance under Section 125 Cr.P.C. even if she was found guilty of desertion, as the bar under Section 125(4) is lifted after divorce.
The central legal point established in the judgment is the entitlement of the wife to maintenance under section 125 of Cr.P.C. based on her inability to maintain herself and the husband's financial c....
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
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