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PUSHPENDRA SINGH BHATI
Mansur Ahmad – Appellant
Versus
Shabnam Bano – Respondent
Order
1. No one has put in appearance on behalf of the petitioner, even in the second round.
2. This Criminal Revision Petition under Section 19 (4) Family Courts Act, 1984 has been preferred claiming the following reliefs:-
"It is therefore, humbly prayed that the revision petition may kindly be allowed and order dated 20-08-2019 in criminal misc. case no. 479/2018 passed by learned Family Court No. 1, Bikaner, awarding increased maintenance amount, may kindly be quashed and set-aside and the application filed by the respondents may kindly be dismissed."
3. As the pleaded facts and the record would reveal, the respondents, respondent no. 1 i.e. wife of the petitioner and respondent no.2 i.e. daughter of the petitioner and respondent no. 1, preferred an application under Section 125 Cr.P.C. before the learned Court below claiming maintenance from the petitioner; and a total amount of Rs. 5,000/- was awarded to them; Rs. 2,500 to each of the respondents. Subsequently, by way of an application under Section 127 Cr.P.C., enhancement of the maintenance amount , to 8,000/- for each of the respondents i.e. a total of Rs. 16,000/-, was sought by the respondents stating that the petitioner is
The court determined that a spouse's maintenance allowance can be enhanced based on the applicant's affordability and living conditions of the respondent.
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
A court may enhance the maintenance amount if there's proven change in circumstances, and previous settlements must be substantiated with evidence.
A husband's obligation to maintain his wife is a continuing duty that can be adjusted based on substantial changes in financial circumstances, as defined under Sections 125 and 127 of the Code of Cri....
Maintenance under the Cr.P.C. is extendable to adult daughters until marriage, ensuring their financial support despite age.
The main legal point established in the judgment is that the maintenance awarded should be just and reasonable, commensurate with the financial status of the husband and the wife's ability to maintai....
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