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RAM MANOHAR NARAYAN MISHRA
Pradeep Kushwaha – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the revisionist, learned AGA for the State and perused the material placed on record.
2. Instant criminal revision has been preferred against the impugned judgment order dated 21.1.2015, passed by Principal Judge, Family Court, Gorakhpur, in Misc. Case No.526 of 2011 (Vinita Maurya vs. Pradeep) under Section 125 Cr.P.C., Police Station Shahpur, District Gorakhpur whereby the opposite party Nos.2 Vinita Maurya and her two minor daughters were awarded maintenance to the tune of Rs.7000/- and 4000/- per month respectively, which is payable on 10th of each month from the date of order.
3. Feeling aggrieved by the impugned order, the revisionist, who was opposite party in said maintenance case against whom the maintenance was awarded filed present criminal revision on 13.2.2015, wherein an interim order was issued by this Court that "subject to the condition that revisionist deposits entire arrears of maintenance as awarded by the court below to be calculated @ Rs. 8000/- per month which may be due till today within a period of one month from today and continues to deposit the current monthly maintenance amount @ Rs. 8000/- by 10th of each month, no
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
Broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of t....
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 determination of maintenance allowance based on the husband's income and the wife's capacity to earn, in accordance with the provisions of Sect....
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintena....
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
The main legal point established in the judgment is that the purpose of Section 125 Cr.P.C. is to provide speedy relief by way of maintenance to a wife who is unable to maintain herself and her child....
Point of law: Grant of interim maintenance - Monetary relief granted under section 125 Cr.P.C. shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved....
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
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