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SUBHASH CHAND
Dinesh Kumar Mahto @ Dinesh Kumar Mahato – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This criminal revision has been preferred on behalf of the petitioner against the judgment dated 15th February, 2022 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.454 of 2019, whereby and whereunder the application filed by the Opposite Party No.2 – Rina Kumari under Section 125 Cr.P.C. was allowed and the petitioner was directed to pay 10,000/- per month as maintenance on 10th day of each succeeding month. It was further ordered that the maintenance amount would be payable from the date of application i.e., from 3rd August, 2019.
2. The brief facts leading to this criminal revision are that maintenance application was moved on behalf of the Rina Kumari @ Rina Devi @ Reena Mahato (the Opposite Party No.2 in this case) under Section 125 Cr.P.C. against her husband – Dinesh Kumar Mahato (the petitioner in this case) on the averments that she is a legally wedded wife of Dinesh Kumar Mahato resident of Jhabri, P.O., Jhabri, P.S. Silli, District-Ranchi. After her marriage she went to her in-law’s house and lived there peacefully for a week only. After that her husband and her in-laws began to torture her and finally on 28th Augu
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.
Award of maintenance – Wife is not entitled for maintenance where she has been refusing to reside with her husband without any reason.
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
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....
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 who voluntarily separates from her husband without sufficient cause is not entitled to maintenance under Section 125(4) of the Code of Criminal Procedure.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
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 affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
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