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MANISHA BATRA
Satender – Appellant
Versus
Sunil – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The instant revision petition has been preferred by the petitioner against the order dated 14.07.2016 passed by the Court of learned District Judge, Family Court, Bhiwani in Maintenance Petition No.MNT-46 of 2015 titled as Smt. Sunil and another v. Satender as filed under Section 127 of Code of Criminal Procedure whereby, he was directed to pay enhanced amount of maintenance.
2. As culled out from the record, the respondents had filed a petition under Section 125 of Cr.P.C. bearing No.308 of 2012 titled as Sunil and another v. Satender, seeking maintenance, from the present petitioner being his wife and daughter respectively. The said petition had been disposed of on 05.04.2013 in view of a statement given by the petitioner that he was ready to pay an amount of Rs.5000/- per month to each of the respondents. Subsequently, the respondents filed the aforementioned petition under Section 127 of Cr.P.C. seeking enhancement in the amount of maintenance of Rs.5000/- per month as per order dated 05.04.2013. The learned Family Court after considering the rival claims of the parties and appraising the evidence produced by them, partly allowed this petition vide
The court upheld the enhancement of maintenance due to increased salary and living costs, affirming the obligation to support dependents at a standard of living commensurate with the petitioner's sta....
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The husband has a duty to provide financial support to the wife and minor children, and maintenance proceedings aim to prevent vagrancy and destitution of a deserted wife.
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
A husband's obligation to maintain his wife is a continuing duty that can be adjusted based on substantial changes in financial circumstances, as defined under Sections 125 and 127 of the Code of Cri....
The court upheld the Family Court's decision on maintenance enhancement under Cr.P.C., considering the parties' financial conditions.
Maintenance enhancement under Section 127 justified due to changes in living costs and the child's needs.
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