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ANUBHA RAWAT CHOUDHARY
Sumit Saurav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
1. Learned counsel for the parties are present.
2. This criminal revision has been filed challenging the legality, proprietary and correctness of the judgment dated 19.02.2020 passed by the learned Principle Judge, Family Court, Ranchi, in Original Maintenance Case No. 03 of 2019 whereby the learned Family Court has been pleased to pass an order directing the petitioner to pay a sum of Rs. 45,000/-per month to the opposite party no. 2 with effect from the date of the judgment.
3. Learned counsel for the parties have submitted that the impugned judgment dated 19.02.2020 was passed prior to the judgment of the Hon’ble Supreme Court in the case of Rajnesh vs. Neha & Anr. reported in (2021) 2 SCC 324 dated 04th November, 2020. However, this Court vide order dated 17.11.2021 had directed the parties to file their required affidavits in terms of Rajnesh vs. Neha & Anr. (supra). They submitted that affidavit has been filed before this Court, but there is a dispute with regards to correctness of the affidavit.
4. The learned counsels have jointly submitted that there is a serious dispute with regard to the quantum of maintenance in the instant case. It is n
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
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 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.
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
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....
A wife can seek maintenance under different statutes; non-disclosure of interim maintenance in previous proceedings cannot bar her claim.
The obligation of the husband to provide maintenance and the criteria for determining the quantum of maintenance were the central legal points established in the judgment.
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