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RAJESH SHANKAR
Pano Hansda – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The present criminal revision has been filed against the judgment dated 30.09.2003 passed by the Principal Judge, Family Court, Dumka in Crl. Misc. No. 70 of 2002 [T.R. No. 5 of 2003 (F.C.) whereby the application filed by the petitioner under Section 125 of the Criminal Procedure Code, 1973 was dismissed.
2. Learned counsel for the petitioner submits that the petitioner being legally wedded wife of the opposite party no. 2, had filed an application under Section 125 of the Cr.P.C. for issuance of direction upon the opposite party no. 2, who was in service of Border Security Force to pay her maintenance of Rs.3,000/- per month. The marriage of the petitioner was solemnized with the opposite party no. 2 on 22nd April, 1986 in accordance with Hindu rites and rituals. After the marriage, the petitioner was brought to the house of the opposite party no. 2, but she was always subjected to torture by the opposite party no. 2 and his parents. She was harassed and assaulted as well as denied proper food and clothing. Therefore, she filed a case under Section 498-A of the Indian Penal Code against her in-laws and the husband (the opposite party no. 2) which was pending for disposal
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.
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.
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....
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.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
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....
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