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SUMEET GOEL
Alok – Appellant
Versus
Sunita – Respondent
JUDGMENT :
Mr. Sumeet Goel, J. :- Present Criminal Revision Petition has been filed by the petitioner on 19.12.2019 challenging three separate orders passed by the Learned Family Court, Hisar. Challenge has been laid to order dated 17.04.2017 passed by Learned Family Court, Hisar whereby the defence of the petitioner in a matter pertaining to grant of maintenance, under section 125 of the Code of Civil Procedure was struck off; Judgment dated 05.06.2017 passed by Learned Family Court, Hisar, finally deciding the petition under section 125 Cr.P.C., filed by the respondent seeking grant of maintenance; and order dated 26.11.2019 passed by Learned Family Court, Hisar in Execution Petition filed by the respondent seeking recovery of maintenance amount from the petitioner, whereby conditional warrant of arrest of the petitioner has been issued.
2. The parties are being referred to as petitioner and respondent as per their status in the present revision petition, in order to ward off any ambiguity. Facts germane to the adjudication of the present lis are that the respondent being legally wedded wife of the petitioner filed a petition dated 25.02.2015, under section 125 Cr.P.C. in the Famil
The court reinforced that maintenance obligations under Section 125 Cr.P.C. are critical, and failure to comply with court orders can lead to severe legal consequences.
The court established that proper service of notice is essential in maintenance proceedings, and the limitation period for setting aside ex-parte orders begins upon acquiring knowledge of such orders....
The right to maintenance under Section 125 Cr.P.C. cannot be denied based on a wife's qualifications or potential earnings, especially when she has sacrificed her career for matrimonial duties.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
The court ruled that maintenance must reflect the full financial capacity of the respondent, ensuring adequate support for the petitioner and minor child, and should be awarded from the date of filin....
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
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