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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Tarlok Singh Chauhan, Rakesh Kainthla
Surender – Appellant
Versus
Kusma – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the order dated11.12.2024 passed by learned Principal Judge, Family Court, Mandi, District Mandi (learned Trial Court), vide which the petition filed by the respondents (applicants before learned Trial Court) was allowed and the petitioner (respondent before learned Trial Court) was directed to pay monthly maintenance at the rate of Rs.2,500/- to present respondent No.1 and Rs.2,000/- each to the present respondents No. 2, 3 and 5 from the date of filing of the application. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the applicants filed a petition under Section 125 of the Code of Criminal Procedure before learned Judicial Magistrate First Class (Court No.4), Mandi, District Mandi, seeking maintenance from the respondent. This petition was allowed on 19.01.2016. Maintenance of Rs.1500/- per month was awarded to applicant No.1, maintenance of Rs.1000/- per month was awarded to applicant No.2 and maintenance of Rs.500/- per month each was awarded to applic
A husband’s legal obligation to maintain his wife and children must be fulfilled despite claims of financial hardship, unless convincingly demonstrated otherwise.
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 determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
Maintenance under Section 125 Cr.P.C. is a social justice measure to ensure a deserted wife and children receive adequate financial support, reflecting their standard of living during marriage.
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....
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
Maintenance under Section 125 Cr.P.C. must reflect the financial status of the husband and the needs of the wife, ensuring adequate support for her living expenses.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
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