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PUSHPENDRA SINGH BHATI
Poonam Pandya – Appellant
Versus
Abhishek – 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. This Criminal Revision Petition has been preferred under Section 397 read with Section 401 Cr.P.C. praying for the following reliefs:-
"It is, therefore, respectfully prayed that this criminal revision petition may kindly be allowed, and the impugned order dated 14.08.2019 passed by learned Family Court, Dungarpur in Criminal Misc. Case No. 35/2017 Smt. Poonam Pandya & Anr. v. Abhishek may kindly be modified and the respondent no. 1 Abhishek may be directed to pay maintenance sum of Rs. 40,000/- per month to the petitioners."
3. The brief facts of this case as placed before this Court by learned counsel appearing on behalf of the petitioners, that the learned Family Court passed an order, dated 14.08.2019, whereby the respondent no. 1, the husband of the petitioner No. 1, was directed to pay monthly maintenance to each of the petitioners to the tune of Rs. 3,000/-.
4. Learned counsel for the petitioners submits that the petitioner no. 1,
The husband has a legal obligation to provide sufficient means for living, education, and welfare to his wife and children.
The central legal point established in the judgment is the importance of considering the financial capacity of the husband, his actual income, and reasonable expenses for maintenance, as well as the ....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
The main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
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....
Maintenance decisions involve assessing the financial capacity of both spouses, the needs of dependents, and the evidence supporting claims of neglect or financial ability.
The legal principle established is that the occupation and presumed earnings of the respondent-husband are relevant factors in determining the entitlement to maintenance for the petitioner-wife and t....
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