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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
JAVED AHMED – Appellant
Versus
ALFIYA BEG – Respondent
Order :
1. The present revision petition has been filed by the petitioner-husband against the order dated 12.01.2024, passed by the learned Judge, Family Court, Banswara, in Cr. Case No.29/2023, whereby the learned Judge allowed the application under Section 125 Cr.P.C . filed by respondents and directed the petitioner- husband to pay total maintenance of Rs.12,000/- per month to respondents (Rs.8,000/- to respondent No.1-Wife and Rs.4,000/- to respondent No.2-daughter).
2. Mr. Rahul Rajpurohit, learned counsel appearing for the petitioner-husband, submits that the learned Family Court without appreciating the material available on record and without assigning any cogent reason has awarded maintenance of Rs.12,000/- per month in favour of the respondents. Counsel further submits that the maintenance as awarded by the Family Court is on higher side as the petitioner is not earning much to pay such huge maintenance amount. Further, the respondent No.1-wife willfully left the matrimonial home and is living separately without any reason. Counsel submits that respondent No.1-wife is a well educated person and is earning her livelihood by working as a teacher in a private school. It has
The court emphasized the moral obligation of a husband to maintain his wife and daughter, remanding the case for a fresh order of maintenance in accordance with established guidelines.
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
Family Courts may determine maintenance based on existing affidavit and pleadings when the opposite party defaults, ensuring fair assessment of financial capability and needs.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
Maintenance awards can be made under both the Family Courts Act and the domestic violence provisions, requiring consideration of previous awards.
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
The court affirmed that a spouse's educational qualifications do not disqualify them from receiving maintenance, emphasizing the need for a fair assessment of financial needs and obligations.
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