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DEEPAK ROSHAN
Priya Mishra – Appellant
Versus
Ram Binod Jha – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant revision application is directed against the judgment dated 28th January, 2019 passed by the learned Principal Judge, Family Court, Bokaro in Original Maintenance Case No. 81 of 2015 filed by the petitioner under Section 125 Cr.P.C. whereby the learned Family Court has allowed a maintenance of Rs. 30,000/- per month in favour of the petitioner-wife against her claim of Rs. 60,000/- per month.
3. The case of the petitioner as it appears from the plaint is that her marriage with the O.P. was solemnized on 01.05.1985 as per Hindu rites and custom at Hajipur, Bihar. After marriage, they lived together as husband and wife and out of their wedlock, they have been blessed with one daughter namely Priyanka Jha on 30.03.1987 and one son named Rishav Kumar on 16.04.1993.
The further case of the petitioner is that they lived together as husband and wife for a limited period and thereafter the O.P. started quarrelling with her for no reasons, whatsoever, and started taunting her by saying that he is a meritorious engineer, graduated from a reputed institute, employed in a senior position and he is a wealthy person
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
The obligation of the husband to provide maintenance and the criteria for determining the quantum of maintenance were the central legal points established in the judgment.
The main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
The main legal point established is the consideration of financial capacity, entitlement to maintenance despite earning, and the factors for determining maintenance as per Rajnesh Vs Neha.
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