Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
MRUGANKA SEKHAR SAHOO
Bipin Behera @ Kalia – Appellant
Versus
Itishree Behera – Respondent
| Table of Content |
|---|
| 1. matrimonial maintenance application background. (Para 1 , 3 , 4) |
| 2. arguments regarding maintenance eligibility. (Para 6 , 11 , 14) |
| 3. court analysis of maintenance rationale. (Para 7 , 12 , 13 , 15) |
| 4. voluntary desertion and maintenance duty. (Para 10 , 21) |
| 5. conclusion on maintenance judgment validity. (Para 20 , 22) |
JUDGMENT :
MRUGANKA SEKHAR SAHOO, J.
1. Both the RPFAM invoking Revisional Jurisdiction of this Court in matrimonial matters, arise out of judgment dated 26.11.2024 rendered in CRP No.41 of 2023 by the learned Judge, Family Court, Puri. In the RPFAM No.13 of 2025, filed by the husband, challenge is to the judgment as he opposes the grant of maintenance. In RPFAM No.375 of 2025 the wife in the marriage seeks enhancement of the maintenance awarded by the learned trial Court.
2. Heard learned counsel for the petitioner and counsel for the opposite party at length.
3. By the judgment dated 26.11.2024 the learned Judge, Family Court allowed petition filed U/s.125 Cr.P.C. (since repealed and parimateria provision being Section 144 of BNSS 2023) by the wife seeking maintenance of Rs.30,000/- per month for herself and the child in her womb when she filed the appl
Maintenance can be awarded for children in utero under Section 125, provided legal criteria and evidence are sufficiently met.
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 wife is entitled to maintenance unless disqualified, emphasizing the husband's obligation to support her, especially when she has been subjected to harassment.
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintena....
The court reaffirmed the husband's legal obligation to maintain his wife and children, emphasizing that neglecting this duty cannot be justified by the wife's earning capacity.
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
