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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE SANJAY DHAR, J
Rahul Raina son of Sh. Surinder Kumar Raina – Appellant
Versus
Nadeja Raina wife of Rahul Raina – Respondent
ORDER
1. The petitioner has filed the present revision petition against order dated 31.5.2023 passed by the learned Principal Judge Family Court, Jammu in a petition under Section 125 of the Code of Criminal Procedure . Such type of order is revisable in terms of Section 19(4) of the Family Courts Act . Since the proceedings before the Family Court have arisen out of the provisions contained in Chapter IX of the Code of Criminal Procedure , as such, a revision petition against the order of Family Court in such cases would qualify to be a criminal revision petition, but the Registry has wrongly given it the nomenclature of civil revision. The Registry is, therefore, directed to change the nomenclature of present petition.
3. Heard learned counsel for the petitioner and perused the record.
4. It seems that the respondents have filed a petition under Section 125 of the Code of Criminal Procedure before the Family Court, Jammu seeking maintenance against the petitioner. In the said petition, the learned Principal Judge, Family Court, Jammu has, vide impugned order dated 31.05.2023, granted interim maintenance in the amount of Rs.40,000/- in favour of the respondents and against the petiti
A husband is legally obligated to provide maintenance to his wife and minor children if he has sufficient means, regardless of his claimed income.
Interim maintenance under Section 125 is provisional and requires evidence of adoption for claims by stepchildren; the court upheld the Family Court's assessment of income and entitlement.
Interim maintenance must reflect the child's needs and not be undermined by the parent's personal liabilities; both parents contribute to the child's welfare.
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....
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