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GAUTAM KUMAR CHOUDHARY
Ram Kumar Ravi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Gautam Kumar Choudhary, J.
1. Instant revision application has been filed for quashing of the order dated 20.05.2022 passed in Original Maintenance Case No. 352 of 2018 passed by learned Additional Principal Judge-II, Family Court, Ranchi whereby and whereunder the application for maintenance under Section 125 of the Cr.P.C. has been allowed with a direction to the petitioner to pay a sum of Rs.5000/- per month to the opposite party no. 2.
2. As per the case of applicant, she was married to this petitioner on 10.03.2013 in the temple of Bhadra Kali at Chatra. Initially, after marriage, there was normal conjugal relation between them, but thereafter, the relationship turned sour and due to the conduct of the Petitioner, she suffered miscarriage twice.
3. It is averred in the maintenance application that the petitioner is in the business of mobile repair in the city of Hazaribag and was also in the real estate business, from which he had monthly income of Rs.25,000/-. Lately he got employment in Government service, on category reserved for handicapped. After that, he was getting proposals for marriage from different quarters and had deserted the applicant and was not supportin
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; cohabitation can establish a presumption of marriage.
The lack of sufficient evidence for a valid marriage prevents entitlement to maintenance under Section 125 of the CrPC, as demonstrated by insufficient cohabitation and public recognition.
Second marriage - Maintenance - Liability of - If wife makes a plea that she was not informed about previous marriage of her husband, that shall be of no avail - Purpose of claiming maintenance under....
Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such strict standard of proof is not necessary as it is summary in nature mea....
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....
Power to adjudicate on the issue of maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such maintenance/monthly ....
The court affirmed that maintenance under Section 125 of Cr.P.C. can be granted based on a less stringent standard of proof for marriage, emphasizing social justice for women.
Point of law: in the absence of material to show that the respondent's alieged first marriage with Smt. Prameela said to have taken place in 1974 was to the knowledge of the petitioner in the Family ....
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