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SUBHASH CHAND
Pritam Kumar Jha S/o Late Suresh Jha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. The instant criminal revision is on behalf of petitioner-husband against the judgment dated 10.11.2022 passed by the learned Principal Judge, Family Court, Dumka in Original Maintenance Case No. 83 of 2019 under section 125 of Code of Criminal Procedure (herein referred to as ‘Cr.P.C.’) whereunder the learned Principal Judge, Family Court has directed the petitioner to pay the amount of Rs. 10,000/- per month to opposite party no. 2-wife from the date of application i.e. 08.11.2019. Further the petitioner was also directed to pay the arrears of the maintenance amount in 15 equal installments failing which the petitioner’s wife would be entitled to realize the same in due course of law.
2. The brief facts leading to this criminal revision are that on behalf of Ms. Sabita Jha, an application was given against her husband-Pritam Kumar Jha under section 125 of Cr. PC before the Court of the learned Principal Judge, Family Court at Dumka with these averments that the petitioner was married with the opposite party on 09.07.1999 at village Mina Bazar Colon
Proper consideration of the issue of adultery is essential in determining a wife's entitlement to maintenance under section 125(4) of Cr.P.C.
The court ruled that a wife disqualified from maintenance under Section 125 due to adultery cannot claim maintenance post-divorce if evidence of past conduct supports the claim.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
The main legal point established is that a wife is not entitled to maintenance under Section 125 Cr.P.C. if she refuses to live with her husband without sufficient reason.
The court emphasized the welfare nature of maintenance laws and the need to prevent destitution, holding that grounds of cruelty, adultery, and desertion did not disentitle the respondent from receiv....
The duty of a husband to provide maintenance to the wife exists unless exceptions under Section 125 of the Cr.P.C. are proven. Grounds of cruelty, adultery, and desertion do not disentitle the wife f....
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
A wife is not entitled to maintenance under Section 125 of the Code of Criminal Procedure if she leaves her husband without reasonable cause, as established by the court's interpretation of the evide....
A wife is not entitled to maintenance under Section 125 of the CrPC if she is living separately from her husband without sufficient reason, while the obligation to maintain children remains absolute.
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