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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Chetna Kumar W/o Prasoon Kumar – Appellant
Versus
Prasoon Kumar S/o Birendra Kumar Narayan Singh – Respondent
| Table of Content |
|---|
| 1. cross-revisions challenge family court maintenance order. (Para 1 , 2) |
| 2. matrimonial discord forces wife's separation from husband. (Para 3) |
| 3. husband's high income warrants enhanced maintenance. (Para 4 , 5) |
| 4. divorce alimony paid; husband's obligations fulfilled. (Para 6) |
| 5. section 125 crpc mandates wife's dignified sustenance. (Para 7 , 8 , 9) |
| 6. husband bears daughters' costs; alimony withdrawable. (Para 10 , 11 , 12) |
| 7. maintenance order upheld; both revisions dismissed. (Para 13 , 14 , 15) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Cr. Revision No.1036 of 2023
1. In this petition, the wife has approached this Court for enhancement of maintenance amount allowed by the learned Family Court, Ranchi in Original Maintenance Case No. 89 of 2015 in view of that the challenge has been made in the present petition of order dated 21.02.2023 passed in the said Original Maintenance Case whereby the learned court has directed the sole opposite party to pay the composite sum of Rs.24,000/- per month from the date of application under section 125 Cr.P.C.
Cr. Revision No.570 of 2023
2. The husband has challenged the said order for quashing of the order passed by the learned Family Court,
Maintenance under Section 125 CrPC upheld post-divorce alimony; husband's duty persists for wife's dignified sustenance per marital status, based on income evidences and family needs.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
The court affirmed that a spouse's educational qualifications do not disqualify them from receiving maintenance, emphasizing the need for a fair assessment of financial needs and obligations.
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 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.
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