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ANUBHA RAWAT CHOUDHARY
Md. Sahnawaj, S/o. Late Saheb Rajja – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
1. This criminal revision petition has been filed against the order dated 24.01.2023 passed by the learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat (Bokaro), in Original Maintenance Case No. 171/2019 whereby and whereunder the petition filed by the applicant-wife-Opposite Party No.2 under Section 125 of Cr.P.C. has been allowed and the petitioner has been directed to pay Rs.10,000/- (Ten Thousand) per month to the Opposite Party No.2 as maintenance from the date of filing of the case i.e. from 05.07.2019.
2. The learned counsel for the petitioner submitted that the marriage of the petitioner with the Opposite Party No.2 was not solemnized as per the rituals and the marriage was not consummated. He further submitted that in the show cause, the petitioner had clearly stated that the applicant has independent source of income and that the petitioner is earning only to the extent of Rs.8,000/- to Rs.12,000/- per month and does not have enough source of income to the pay maintenance to the applicant. These aspects of the matter have not been considered properly and therefore, the impugned order calls for interference. He a
The court affirmed the husband's legal obligation to maintain his wife under Section 125 Cr.P.C., emphasizing the necessity of disclosing income for maintenance determinations.
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....
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 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 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.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
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.
Point of Law : The principles of Hindu Personal Law have developed in an evolutionary way out of concern for all those subject to it so as to make fair provision against destitution. The manifest pur....
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