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ANUBHA RAWAT CHOUDHARY
Sandeep Prasad, S/o. Sri Ramlagan Nayak – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Heard the learned counsel for the parties.
I.A. No. 7086 of 2023
2. This interlocutory application has been filed under section 5 of the Limitation Act seeking condonation of delay of 172 days in filing the present Criminal Revision Petition.
3. In view of the statements made in this interlocutory application, the delay of 172 days in filing this criminal revision petition is condoned.
4. I.A. No. 7086 of 2023 is, accordingly, allowed.
Criminal Revision No. 1362 of 2022
5. This criminal revision petition has been filed against the order dated 23.02.2022 passed by learned Principal District Judge- cum- Family Judge, Ramgarh in Original Maintenance Case No. 01 of 2020 whereby and whereunder the learned Family Judge, Ramgarh has been pleased to allow the petition under section 125 of the Cr.P.C. of the opposite party nos. 2 and 3 ex-parte against the petitioner and the petitioner has been directed to pay as maintenance by 10th of every succeeding month Rs.5,000/- per month to his wife (opposite party no. 2) and Rs.1,000/- per month to his minor daughter (opposite party no. 3) until she is married or is gainfully employed. The amount of maintenance has bee
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
The obligation of a husband to maintain his wife under Section 125 of the Cr.P.C. is not diminished by the wife's earning capacity, and proper financial disclosures are essential in maintenance proce....
Maintenance under Section 125 Cr.P.C. requires financial disclosure from both parties to ensure just outcomes, and non-compliance does not invalidate previous orders.
Quantum of monthly maintenance – Court must follow Apex Court guidelines.
Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just....
The main legal point established is the obligation of a party to comply with Supreme Court guidelines on affidavit of disclosure in maintenance proceedings and the statutory mandate for timely dispos....
A wife can seek maintenance under different statutes; non-disclosure of interim maintenance in previous proceedings cannot bar her claim.
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