SUMEET GOEL
Rashmi – Appellant
Versus
Rohit – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.:- Present criminal revision petition is filed seeking enhancement of the maintenance amount as granted by the learned Additional Principal Judge, Family Camp Court, Pataudi, Gurugram vide judgment dated 06.12.2023, in case No. MNT-125/417/2018.
2. Facts relevant to the adjudication of the present case are that the marriage between the petitioner and respondent was solemnized on 09.12.2016. A male child was born out of the wedlock of the parties on 10.10.2018. The petitioner (wife) filed a petition under Section 125 of the Code of Criminal Procedure, 1973, seeking grant of maintenance against the respondent (Husband). While allowing the said petition for grant of maintenance filed by the petitioner, the learned Family Court granted maintenance to the tune of Rs.10,000/- per month to the petitioner and Rs.5,000/- per month to the minor child, who is in the custody of the petitioner, from the date of passing of the judgment i.e. 06.12.2023.
3. Dissatisfied with the quantum of maintenance granted by the learned Family Court, the petitioner has filed the present criminal revision petition seeking enhancement of the maintenance amount.
4. It is argued by the le
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 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 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 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....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
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.
Alteration of maintenance allowance under Section 127 Cr.P.C. can be done by trial Court on the ground of change of circumstances
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
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