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2023 Supreme(Jhk) 1102

SANJAY PRASAD
Girish Prasad Gupta @ Girish Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Ms. Nirupama.
For the Opp.Parties : Mr. S.K. Srivastav, Mr. Yasir Arafat.

Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - The maintenance of a wife under Section 125 CrPC considering spouse’s inability to maintain and husband’s financial capacity. (!) (!) - Court can grant maintenance even if wife is employed; no requirement that she must be unable to earn to claim maintenance. (!) (!) - Date from which maintenance is to be paid and factors for determining quantum (husband’s income, standard of living, education, needs, etc.). (!) (!) (!)

Question 1?

Question 2?

Question 3?


JUDGMENT :

This Criminal Revision Application has been filed on behalf of the petitioner challenging the order dated 23.08.2019, passed by Shri Pradip Kumar Choubey, learned Principal Judge, Family Court, Pakur, in Original Maintenance Case No.88 of 2018, by which the learned Principal Judge has directed the petitioner to pay an amount of Rs.3,000/-(Rupees Three Thousand) per month towards maintenance to the O.P. No. 2.

2. The case of the wife-O.P. No. 2 in brief is that she had solemnized marriage with the petitioner on 05.05.1985 and right from the beginning she was tortured by this petitioner and she lived in her matrimonial home for about four years and she gave birth to a daughter, namely Simpa Kumari and she has got her daughter married to one Santosh Kumar Gupta. However, in the meantime, her daughter was also ousted from her matrimonial home and at present she is living with her. It is also stated that the petitioner is not maintaining her although he earns Rs. 40,000/-per month by running a grocery shop and from the cultivable land and hence, an amount of Rs. 15,000/-per month may be allowed to her as maintenance

3. The case of the petitioner is that the wife has voluntari

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