SUMEET GOEL
Mithun Mahajan – Appellant
Versus
Parul Mahajan – Respondent
JUDGMENT :
Sumeet Goel, J.
1. Challenge in the present petition is made to the order dated 21.12.2019 passed by Principal Judge, Family Court at Gurdaspur, in Case bearing CIS No. MNT 266/2019, Case No.08 of 27.02.2017. Vide the impugned order the Family Court allowed the petition under Section 125 of the Code of Criminal Procedure, filed by the respondent.
2. In order to ward off any ambiguity qua the status of parties in the proceedings, the parties are being addressed by status of the petitioner and respondent, respectively, in the present criminal revision petition.
3. The marriage of petitioner was performed with the respondent on 06.02.2013. The parties are stated to have lived and co habited together at Pathankot and Delhi after their marriage. However, no issue was born out of the wedlock of the parties. Differences having arisen between the parties, the respondent (wife) filed a petition under Section 125 of the Code of Criminal Procedure for grant of maintenance against the petitioner (husband).
4. The Family Court while deciding the maintenance petition held that the respondent though is well qualified having studied B.Tech., but is not doing any work. It finds mention in the
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 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 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 husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
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.
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.
Maintenance – Ready to take care of child - Merely because the Revision Petitioner is the father of the child and is ready to take care of his child, would not permit him to discontinue the maintenan....
The main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
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