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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Bhanwar Lal S/o Kashi Ram – Appellant
Versus
Smt.pushpa W/o Bhanwar Lal – Respondent
Order :
FARJAND ALI, J.
1. By way of filing this instant petition under Section 397 /401 of the CRIMINAL PROCEDURE CODE , the petitioner has assailed the order dated 04.02.2014 passed by II Judge, Family Court, Rajsamand, whereby the learned court below allowed the application filed by the non-petitioner under Section 127 of the Cr.P.C. and enhanced the monthly maintenance amount from Rs. 275/- to Rs. 4,000/- in Criminal Misc. Case No. 394/2012 titled Smt. Pushpa vs. Bhanwar Lal.
2. Breifly stated facts of the case are that, the petitioner and the non-petitioner are husband and wife, their marriage having been solemnized approximately 45 years ago. Due to matrimonial differences, the parties began living separately, and the non-petitioner (wife) started residing apart from the petitioner since the year 1976. Subsequently, the non- petitioner filed a petition under Section 125 Cr.P.C. before the Court of Judicial Magistrate, Nathdwara, wherein maintenance was granted in her favour at the rate of Rs. 275/- per month by order dated 14.12.1987, passed under the then unamended provisions of Section 125 Cr.P.C. It is the case of the petitioner that on 01.01.1990, the parties arrived at a c
A husband's obligation to maintain his wife is a continuing duty that can be adjusted based on substantial changes in financial circumstances, as defined under Sections 125 and 127 of the Code of Cri....
The husband has a duty to provide financial support to the wife and minor children, and maintenance proceedings aim to prevent vagrancy and destitution of a deserted wife.
The main legal point established in the judgment is that the court has the discretion to enhance the maintenance amount based on changing circumstances, and the delay in adjudication should not depri....
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
A ruling affirmed that maintenance can be enhanced under Section 127 of the CrPC after permanent alimony, emphasizing the need for consideration of changing circumstances.
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