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PUSHPENDRA SINGH BHATI
Rajendra Kumar Prajapat – Appellant
Versus
Neetu Gudiya – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. These criminal revision petitions have been preferred claiming the following reliefs:
Revision Petition No. 1141/2019:
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Revision Petition No. 599/2018:
"a) The present revision petition shall be accepted.
b) Order passed by Additional Session Judge (women Atrocities cases) Jodhpur metro dated 2/05/2018 in criminal appeal no. 17/2018 titled "Smt. Neetu v. Rajendra Kumar & Ors" shall be set aside.
c) Order passed by Additional Civil Judge and Metropolitan magistrate no. 4 Jodhpur Metro dated 4/12/2017 in cas
The court upheld the principle of providing maintenance to a spouse in need under Section 125 Cr.P.C., considering the financial position and standard of living, and scrutinized the evidence of indep....
The husband has a legal obligation to provide sufficient means for living, education, and welfare to his wife and children.
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
The duty of the husband to maintain the first wife, especially when he desires to remarry and has sufficient earnings.
The court emphasized the importance of effective implementation of maintenance grants and considered the financial positions of both parties in determining the maintenance amount.
The main legal point established is that a wife is not entitled to maintenance under Section 125 Cr.P.C. if she refuses to live with her husband without sufficient reason.
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