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SANJAY PRASAD
Md. Sabbir Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
1. Criminal Revision No. 1594 of 2017 and Criminal Revision No. 1192 of 2016 and Cr. M. P. No. 2257 of 2017 are being heard together and are being disposed of by this common order as the issue involved in all three cases are inter-linked to each other.
2. The instant Criminal Revision No. 1192 of 2016 has been filed on behalf of the petitioner -Md. Shabbir Ansari (i.e. husband) challenging the judgment dated 26.07.2016 passed in Misc. Case No. 77 of 2013 by the learned Principal Judge, Family Court, Jamshedpur by which the learned Principal Judge, Family Court, Jamshedpur has allowed the petition of the opposite party no. 2 filed under Section 125 of the Cr. P. C. for maintenance and has directed the petitioner to pay a sum of Rs. 20000/-per month to the opp. Party no 2 as maintenance and Rs.15,000/-for her minor son for living medical expenses and educational expenses and Rs. 5000/- for the O.P. No 2 for her maintenance. The amount of maintenance shall be payable from the time of filing of the application for interim maintenance, which was filed on 30.5.2014 and therefore the order shall be effected from the month of June 2014. The arrears of maintenance
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
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.
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
The Domestic Violence Act permits an aggrieved person to seek maintenance even after the dissolution of marriage, provided there is evidence of domestic violence, and the definitions of 'aggrieved pe....
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
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.
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....
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