Back
DINESH MEHTA
Subodh Kalyani – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant petition under section 482 of the Code of Criminal Procedure, 1973 lays a challenge to the order dated 27.07.2023; passed by the learned Family Court No. 2, Bikaner (hereinafter referred to as “the Family Court”) in Criminal Case No. 83/2023 (original C.I.S. No. 482/2019), whereby petitioner's application dated 18.08.2022, preferred under section 91 of the Code of Criminal Procedure, 1973 has been rejected.
2. Briefly narrated facts appertains are that the petitioner married the respondent No. 2 on 18.02.2003. Thereafter, their matrimonial relationship became sour for which the petitioner and respondent No. 2 along with her two minor children started living separately.
3. The respondent No. 2 filed an application under section 125 of the Code of Criminal Procedure, 1973 seeking maintenance. During the course of proceedings, by way of the order dated 19.08.2023, passed by the learned Family Court, a sum of Rs. 30,000/- was determined as interim maintenance.
4. Both the parties have filed their affidavits in light of the judgment of Hon'ble the Supreme Court rendered in the case of Rajnesh v. Neha, AIR 2021 SC 569.
5. In the affidavit so filed, petitioner so also re
In summary proceedings for maintenance, the Family Court's reliance on existing affidavits and income tax returns is sufficient, negating the need for extensive documentation.
A husband is legally obligated to provide maintenance to his wife and minor children if he has sufficient means, regardless of his claimed income.
The entitlement of the wife to lead a life in a manner similar to that in the house of her husband and the wide discretion conferred on the court in the matter of an order for interim maintenance.
The court upheld the interim maintenance amount granted by the Family Court as reasonable based on the respondent's age and petitioner’s financial means.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
A husband is obliged to provide maintenance to his wife, irrespective of their living arrangements.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
Point of Law : When a party claims allowance of maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
