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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
SMT. AMIA DEVI AND ORS. – Appellant
Versus
STATE – Respondent
Order :
1. These instant Misc. Petitions have been preferred to made challenge to the order passed by the learned Magistrate dated 17.03.2012 passed in Criminal Misc. Case No.217/2007 and the order dated 28.05.2014 passed by the learned Sessions Judge Sirohi in Criminal Revision No.73/2012. One on behalf of the wife and her minor children and the other is on behalf of husband. It was a proceeding under Section 125 Cr.P.C .
2. After taking on record, the pleadings, examining the wife Amiadevi, A.D.2 Pabu as well as the examining the husband and his two wives along with some documents, the learned Magistrate disposed of the application under Section 125 of the Cr.P.C . with the observation that applicant No.2 Shanti had attained the majority and married to someone therefore she is not entitled to get maintenance while the applicant No.3 Mahendra, the minor son was allowed to get maintenance until he attains the age of majority.
2.1 Wife and her minor children preferred a revision petition, which was allowed by the learned Sessions Judge and directions were issued to the husband to pay a some of Rs.2,000/- per month to the wife Smt. Amiadevi while the petition filed on behalf of minor
The court affirmed that a married daughter is not entitled to maintenance while enhancing the wife's maintenance from Rs.2,000 to Rs.3,000 per month, recognizing the need for a reasonable support amo....
The statutory obligation of a parent to maintain their minor children takes precedence over the parent's remarriage and additional family responsibilities.
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....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
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....
The court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
The main legal point established in the judgment is the determination of maintenance under Section 125 Cr.P.C. for the wife and minor child, and the court's discretion to enhance the maintenance base....
The main legal point established in the judgment is the maintainability of a maintenance petition filed by a petitioner for herself and on behalf of her minor brother, and the exercise of suo motu po....
The court ruled that maintenance must reflect the full financial capacity of the respondent, ensuring adequate support for the petitioner and minor child, and should be awarded from the date of filin....
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