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HARPREET SINGH BRAR
Jagdev Singh – Appellant
Versus
Manpreet Kaur – Respondent
Headnote: Read headnote
JUDGMENT :
(Harpreet Singh Brar, J.) :
CRM-13770-2024 Prayer in the present application filed under Section 5 of the Limitation Act read with Section 482 Cr.P.C. is for condonation of delay of 11 days in filing the revision petition. In view of the averments made in the application, same is allowed and delay of 11 days in filing the revision petition is condoned. CRR(F)-452-2024 The present revision petition has been preferred against the impugned order dated 07.12.2023 passed by the learned Family Court, Fazilka under Section 125 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), vide which the interim maintenance of Rs. 15,000/- per month was awarded to be paid to the respondents i.e. Rs. 10,000/- to respondent No.1 and Rs. 5,000/- to respondent No.2.
2. The marriage between the petitioner and respondent No.1 was solemnized on 04.09.2006 according to Sikh rites and rituals. Out of this wedlock, two children i.e. one daughter namely Babbalpreet Kaur and one son namely Gurshan Singh were born. However, matrimonial dispute ensued between the couple and the respondents filed a petition
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
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....
Interim maintenance is meant to prevent destitution and support dependents effectively during matrimonial disputes.
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....
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
The main legal point established in the judgment is the importance of speedy disposal of maintenance petitions under Section 125 of Cr.P.C. to prevent destitution and vagrancy, as well as the duty of....
The main legal point established in the judgment is the husband's obligation to provide financial support to the wife and minor children, as per the provisions of Section 125 of the Cr.P.C., and the ....
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
The main legal point established is the consideration of financial capacity, entitlement to maintenance despite earning, and the factors for determining maintenance as per Rajnesh Vs Neha.
Section 125 Cr.P.C. mandates maintenance for wives and children, emphasizing social justice and the husband's obligation to provide financial support.
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