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SANJAY PRASAD
Ramesh Mahli – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
1. This Criminal Revision No. 101 of 2022 has been filed on behalf of the petitioner challenging the judgment dated 06.03.2014 passed by Sri Pravas Kumar Singh, the learned Principal Judge, Family Court, Gumla in Maintenance Case No. 41 of 2011 by which the maintenance case filed under section 125 Cr.P.C has been allowed ex-parte by the learned Principal Judge by directing the petitioner to pay Rs.5,000/- per month towards the maintenance of the minor child of the petitioner from the date of the judgment on every 10th of the month as well as directed to pay Rs.5000/- lump sum amount as litigation cost to the opposite party.
2. The case of the O.P. No. 2 (i.e. wife), in brief, is that she had filed the maintenance case bearing Maintenance Case No. 41 of 2011 stating therein that opposite party is the poor girl of Schedule Caste and while grazing cattle in January 2007 petitioner accosted her and had committed rape upon her. Thereafter she was in continuous relationship with the petitioner on the assurance of marriage and twice she was forced to abort the child. It has been stated that she was living with the petitioner as a spouse and has given birth to a s
The court ruled that maintenance orders must adhere to due process and sufficient evidence, setting aside an ex-parte order due to lack of notice and inadequate proof.
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
A husband is legally obligated to maintain his first wife and children, even after a second marriage, and a wife's refusal to live with her husband due to the presence of a second wife is justified u....
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
The right to maintenance under Section 125 CrPC is a personal right that can be claimed by legal heirs after the death of the entitled party, and the obligation to pay maintenance is based on the hus....
An able-bodied person is presumed to be capable of earning sufficient means to maintain his wife and child, and the wife's entitlement to maintenance under Section 125 of the Criminal Procedure Code ....
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.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
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