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SANDEEP MEHTA
Shakti Singh – Appellant
Versus
Pinki – Respondent
ORDER
1. The instant revision has been preferred by the petitioner Shakti Singh for assailing the order dated 11.2.2021 passed by learned Judge, Family Court No.1, Udaipur in Criminal Case No.366/15 whereby, the application preferred by the respondents Pinki and Daksh, being the wife and son respectively of the petitioner under Section 125 Cr.P.C. was accepted and the petitioner was directed to make payment of maintenance to the tune of Rs.3,000/- per month to his wife Pinki and Rs.2,000/- to his minor son Daksh.
2. Ms. Deepika Purohit, learned counsel representing the petitioner, vehemently and fervently urged that the impugned order is absolutely illegal and unjustified. The petitioner himself is a lowly paid employee in the Bhoomi Vikas Bank and draws a meager salary of Rs.5,500/- per month and as such, there was no justification for the court below to have awarded excessive maintenance to the tune of Rs.5,000/- per month to the two respondents.
3. I have appreciated the submissions advanced by the learned counsel representing the petitioner and have gone through the impugned order.
4. The respondent Smt. Pinki set up a clear case in her application that she was harassed and humilia
A husband has a legal obligation to provide maintenance to his wife and child, and the court has the discretion to determine the amount based on the husband's ability to pay and the needs of the depe....
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....
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The main legal point established in the judgment is the importance of evidence and the social and economic status of the parties in determining maintenance amount under Section 125 Cr.P.C.
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
A husband is legally obligated to provide maintenance to his wife and minor children if he has sufficient means, regardless of his claimed income.
Both parents have a legal obligation to maintain their minor children, and maintenance amounts should be reasonable and reflective of the parents' financial situations.
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