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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Savitri Devi – Appellant
Versus
Sita Ram – Respondent
JUDGMENT :
Sumeet Goel, J.
1. Present criminal revision petition is filed against the order dated 20.01.2017 passed by the Learned Family Court, Hisar, in a case bearing No. MNT 357-III of 2016, whereby an application filed by the petitioner-herein (wife) under Section 127 of the Cr.P.C. was allowed. In the present petition, it is contended that the amount of maintenance as enhanced by the Family Court in favour of the petitioner, vide the impugned order, is inadequate and is entitled to be enhanced.
2. Facts germane to the adjudication of the present petition are that initially the petitioner filed a petition against the respondent for grant of maintenance on the ground of her being his legally wedded wife and not possessing sufficient means to maintain herself. The said petition was allowed by the Court of Additional Chief Judicial Magistrate, Hisar vide order dated 06.03.1996 and an amount of Rs.500/- per month was awarded to the petitioner as maintenance. Thereafter, the petitioner is stated to have filed an application under Section 127 of the Cr.P.C., seeking enhancement of the maintenance amount so granted, whereby the mainteance amount of Rs.500/- per month, as originally gran
The court upheld the trial court's maintenance award, emphasizing the need for maintenance to reflect the husband's financial capacity and the wife's inability to support herself.
A court may enhance the maintenance amount if there's proven change in circumstances, and previous settlements must be substantiated with evidence.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
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....
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 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....
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