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SANJAY PRASAD
Sushma Kumari – Appellant
Versus
Pramod Kumar Roy – Respondent
JUDGMENT :
SANJAY PRASAD, J.
1. Both the Criminal Revision No. 656 of 2020 and Criminal Revision No. 22 of 2020 have been heard together and are being disposed of together as they arise of the common ‘Order’ dated 17.12.2019 passed in Original Maintenance Case No. 229 of 2017 filed under section 125 Cr.P.C by the wife and son (i.e. petitioner in Cr. Revision No. 22 of 2020 and opposite party no. 1 and 2 in Cr. Revision No. 656 of 2020) against the husband i.e. petitioner in Cr. Revision No. 656 of 2020 and opposite party in Cr. Revision No. 22 of 2020 by which the learned Principal Judge, Family Court, Bokaro has directed the husband to pay Rs.15,000/- and Rs.5,000/- total Rs.20,000/- per month to the wife (i.e. petitioner in Cr. Revision No. 22 of 2020 and opposite party no. 1 and 2 in Cr. Revision No. 656 of 2020) with effect from 17.12.2019 i.e. the date of passing of the order.
It has further been directed that the daughter shall be entitled to get the said maintenance amount till her marriage, and interim maintenance ordered by the Family Court on 16.03.2019 is effective till 16.12.2019.
2. The petitioners, who have filed Cr. Revision No. 22 of 2020, are wife and minor daughter of
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 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....
A wife is entitled to maintenance regardless of her income, and a husband is obligated to provide for her needs, emphasizing duty under law even if the wife works.
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.
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
The main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
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