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ORISSA HIGH COURT
BIPIN BEHERA@KALIA – Appellant
Versus
ITISHREE BEHERA – Respondent
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 By the judgment dated 26.11.2024 the learned Judge, Family Court allowed petition filed U/s.125 Cr.P.C. (since repealed and parimateria provision being Section 144 of BNSS 2023) by the wife seeking maintenance of Rs.30,000/- per month for herself and the child in her womb when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 application. A total sum of Rs.2,000/- per month as maintenance was granted.
4. Though arising out of self same judgment, RPFAM No.375 of 2025 was not listed today. Since the matter is extensively heard and it is stated by the learned counsel for the petitioner-wife in RPFAM 375 of 2025 (and opposite party in the RPFAM No.13 of 2025) that t
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.
The main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
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