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MANISHA BATRA
Rajesh – Appellant
Versus
Mrs. Neelam – Respondent
JUDGMENT
Manisha Batra, J.
The present revision petition has been filed by the petitioner challenging the order dated 19.08.2014 passed by learned District Judge, Family Court, Faridabad in Petition No.169 of 2010 titled as Mrs. Neelam and others v. Rajesh filed under Section 125 of Code of Criminal Procedure whereby maintenance to the tune of Rs.3000/- per month was directed to be paid by the petitioner to respondent No.1 wife whereas the minor respondents No.2 and 3 were directed to be paid a sum of Rs.1000/- per month each.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the respondent No.1 Neelam for herself as well as on behalf of the respondents No.2 and 3 filed the aforementioned petition under Section 125 of Cr.P.C. seeking maintenance from the present petitioner who is her husband, by pleading that she along with her children had been thrown out of her matrimonial house by the petitioner and was dependent upon her parents and was living with them. While claiming that the petitioner was working as a machine operator with one M/s A.P. Engineers at Faridabad and was earning a sum of Rs.10,000/- per month and alleging that he had neglect
A party receiving permanent alimony cannot subsequently claim maintenance for themselves, but minor children are entitled to maintenance regardless of the parent's financial agreements.
A party may withdraw consent for mutual divorce at any time before the decree, affecting maintenance claims.
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.
The court emphasized the importance of public policy against vagrancy or destitution and held that the waiver clause in the consent terms cannot oust the jurisdiction of the court as expressly confer....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
A divorce on grounds of desertion does not stop a divorced woman from claiming maintenance under Section 125 CrPC, thus recognizing her entitlement despite earlier payments treated as permanent alimo....
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
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