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RAJESH BHARDWAJ
Chand Parkash – Appellant
Versus
Anita – Respondent
JUDGMENT
Rajesh Bhardwaj, J. - The petitioner has approached this Court by way of filing the present revision petition impugning the order dated 6.3.2020 passed by the learned Principal Judge, Family Court, Sirsa, whereby maintenance of Rs.10,000/- per month to the respondent-wife been awarded.
2. Learned counsel for the petitioner has contended that the learned Family Court has failed to appreciate the evidence on record and thus, has drawn a wrong conclusion in awarding maintenance to the tune of Rs.10,000/- per month, which deserves to be set aside. He submits that the respondent-wife never adjusted in the matrimonial home despite the best efforts of the petitioner and his family members. He submits that he was adamant to remain separate from the family of the petitioner and hence, never adjusted in the matrimonial home. He further submits that despite best efforts of the petitioner and his family members, the respondent-wife deserted the matrimonial home and lodged the FIR No.594 dated 4.8.2015, under Sections 498-A, 406, 506 and 323 IPC. He further submits that the view taken by the Family Court is totally based on conjecture and surmises and beyond the evidence on record. He su
The legal and moral responsibility of the husband to provide maintenance to his wife and children as per Section 125 Cr.P.C.
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
The purpose of maintenance under Section 125 of Cr.P.C is to prevent destitution and vagrancy, and the entitlement to maintenance is not solely based on the actions of the parties involved.
The main legal point established in the judgment is that maintenance under Section 125 Cr.P.C. is granted to prevent destitution and vagrancy, and the court must consider the parties' circumstances a....
The central legal point established in the judgment is the husband's duty to maintain his wife and children, the discretion of the court to award maintenance based on the husband's financial capacity....
A wife's earning does not disqualify her from maintenance, and maintenance should be determined based on the lifestyle during the marriage and the cost of living.
Point of Law : It is seen that learned Court below committed no error or mistake while passing the judgment and order granting the maintenance to the respondent/1st party.
A husband has a legal obligation to provide maintenance to his wife and child, and the court has the discretion to determine the amount based on the husband's ability to pay and the needs of the depe....
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