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SUMEET GOEL
Divesh Sapra – Appellant
Versus
Latika Sapra – Respondent
JUDGMENT :
(Sumeet Goel, J.)
Vide this common order, two separate criminal revision petitions, bearing numbers CRR(F) 1834 of 2023; and CRR(F) 587 of 2024 filed against, a common order dated 20.11.2023 passed by Principal Judge, Family Court, Gurugram, in case bearing No.MNT125/686/2018, are being decided together.
2. The parties in the present case are referred to as husband and wife, in order to ward off any confusion, while appreciating the facts of the case, in view of the interplay of titles in both the above- mentioned criminal revision petitions having been filed against the common order.
3. Facts germane to the adjudication of the present case are that the marriage between the parties was solemnized on 23.11.2015. Out of their wedlock, a male child was born. It is pertinent that the record and pleadings of the parties do not disclose the date of birth of the minor child. However, a copy of his Aadhar Card filed along with the criminal revision petition shows his date of birth as 26.08.2016. In view of the differences and disputes having arisen between the husband and wife, the wife filed a petition under Section 125 of the Cr.P.C., in the Family Court, Gurugram seeking mainten
The court affirmed that a spouse's educational qualifications do not disqualify them from receiving maintenance, emphasizing the need for a fair assessment of financial needs and obligations.
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 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.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
Interim maintenance under Section 125 is provisional and requires evidence of adoption for claims by stepchildren; the court upheld the Family Court's assessment of income and entitlement.
The main legal point established in the judgment is the determination of maintenance under Section 125 Cr.P.C. for the wife and minor child, and the court's discretion to enhance the maintenance base....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
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