FARJAND ALI
Raisa W/o Barkat Ali – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. By way of filing the instant Criminal Revision, petitioners No.1 and 2 have prayed for quashing of the order dated 29.11.2021 passed by the learned Sessions Judge (Woman Atrocities Cases), Jodhpur in Criminal Appeal No.68/2020 and prayed for enhancement of the amount of maintenance passed in their favour.
2. The brief facts as narrated by the petitioners are that petitioner No.1 filed applications under Sections 12 and 23 of the Protection of Woman from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act of 2005’) before the trial Court averring therein that as per Muslim rites and customs, marriage between the petitioner No.1 and the respondent No.2 was solemnized on 06.12.2004 at Jodhpur. Out of this wedlock, petitioner-wife begotten two daughters petitioner No.2 Aarju and second daughter is no more alive. After marriage, relations between the husband and wife were not congenial as petitioner-wife was harassed and humiliated on account of demand of dowry and she was subjected to cruelty by the respondent-husband and his family members. Thus, on certain disputes arising between the parties, the petitioner-wife was ousted from her matrimonial home along with h
Point of Law : It is a trite proposition of law that the wife and children have to live in commensurate with the status of her husband.
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 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.
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