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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
. – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. marriage established despite denials. (Para 1 , 10 , 20) |
| 2. maintenance amount increased based on earnings. (Para 24) |
ORDER :
1. Petitioner- Smt. Sunita Devi (wife) by filing the revision petition has sought enhancement of the maintenance amount and challenged the order dated 18.01.2024 passed by learned Judge, Family Court No.1, Sri Ganganagar in Criminal Case No.391/2015, whereby, the learned Family Court while allowing the application under Section 125 Cr.P.C., filed by her directed the respondent – Sumit Bishnoi (husband) to pay a sum of Rs.4,000/- per month as maintenance to the petitioner-wife from the date of filing of the said application i.e. 05.11.2025.
2. Respondent- Sumit Bishnoi also by filing the revision petition has challenged the order impugned on the sole ground that the marriage was not solemnized between him and Smt. Sunita Devi, and therefore, the order impugned could not have been passed against him and in favour of Smt. Sunita Devi.
3. Shorn of unnecessary details, the relevant facts for necessary adjudication of the present revision petitions are that, Smt. Sunita Devi (hereinafter referred to as “the petitioner” for the sake of brevity) filed
Court affirmed the existence of marriage despite respondent's denial and adjusted maintenance amount based on financial circumstances of both parties.
The right to maintenance under Section 125 Cr.P.C. cannot be denied based on a wife's qualifications or potential earnings, especially when she has sacrificed her career for matrimonial duties.
The main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
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 duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
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