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PUSHPENDRA SINGH BHATI
Chandra Shekhar Rajora – Appellant
Versus
Anjali Ravan – Respondent
ORDER
1. 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 under Section 397 Cr.P.C. has been preferred claiming the following reliefs:
'It is therefore most humble and respectfully prayed before this Hon'ble Court that the record of the case may kindly be called for and;
. Quash the impugned/order dated 09-04-2021 passed by the Learned Family Court, Sri Ganganagar; and/or
. Remit the matter back to the Learned Family Court, Sri Ganganagar to decide the quantum of maintenance in the light of the judgment passed by the Hon'ble Supreme Court in Rajnesh v. Neha & Ors. reported in (2021) 2 SCC 324.
. Pass any order which this Court may deem it fit and appropriate in the interest of justice, equity and good conscience may also be passed in favour of the humble Petitioner.
3. Learned counsel for the petitioner submits that vide the impugned order dated 09.04.2021, the learned court below directed the petitioner to pay a sum of Rs.10,000/- and Rs.8,000/- as maintenance to his wife and daughter i.e.
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 husband has a legal obligation to provide sufficient means for living, education, and welfare to his wife and children.
The court emphasized the moral obligation of a husband to maintain his wife and daughter, remanding the case for a fresh order of maintenance in accordance with established guidelines.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
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