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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANEESH SHARMA
Rajesh Gaur S/o Mangilal Gaur – Appellant
Versus
Anuradha W/o Rajesh Gaur – Respondent
ORDER :
MANEESH SHARMA, J.
In S.B. Criminal Misc(Pet.) No. 2469/2025
1. The present criminal misc. petition has been filed assailing the order dated 07.03.2025 passed by learned Addl. Session Judge No.1, Nagaur whereby the revision petition filed by the petitioner-husband has been rejected and the order dated 20.05.2024 was affirmed, wherein the petitioner-husband was directed to pay the maintenance to the respondents (wife and son) to the tune of Rs.15,000/- (Rs.8,000/- to the respondent No.1-Anuradha and Rs.7,000/- to the minor son Vansh) from the date of filing the application i.e. on 05.05.2015.
2. The brief facts of the case are that on 05.05.2015 the respondents filed an application for grant of maintenance under Section 125 Cr.P.C. while stating that the marriage between the parties was solemnized on 23.11.2010 and out of their wedlock a son, namely Vansh (respondent No.2 herein) was born on 16.10.2011. Thereafter, due to various atrocities inflicted by the petitioner-husband, the respondent-wife has been living separately since 2015. In the application filed under of Cr.P.C., the respondent wife has asserted that the husband is earning more than Rs.40,000/- per month but n
Court confirmed discretion under Section 125 Cr.P.C. allows awarding maintenance from the application date due to the petitioner's neglect of financial obligations towards wife and child.
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
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....
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
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.
The court reaffirmed the husband's legal obligation to maintain his wife and children, emphasizing that neglecting this duty cannot be justified by the wife's earning capacity.
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 main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
Under Section 125(2) of the Cr.P.C, a husband has a duty to provide financial support to his wife and children.
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