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JYOTSNA SHARMA
Ranjeeta @ Ravita – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Pradeep Kumar Tripathi, learned counsel for the revisionist, Sri Keshari Nath Tripathi, learned counsel for respondent no.2 and Sri O.P. Mishra, learned A.G.A. for the State and perused the record.
2. This criminal revision has been filed on behalf of the revisionist challenging the order dated 19.11.2022 passed by Principle Judge, Family Court, Saharanpur in Case No.542 of 2020, under Section 125 Cr.P.C. whereby the respondent No.2/husband has been directed to pay Rs.7,000/- per month to his wife (the revisionist)
3. Relevant facts are as below:-
The revisionist filed an application under Section 125 Cr.P.C. against her husband (respondent no.2 herein). After hearing both the sides application under Section 125 Cr.P.C. was allowed directing the husband to pay Rs.7000/- per month as maintenance to his wife beginning from the date of the order i.e. 19.11.2022.
4. The revisionist has challenged the aforesaid order on two issues firstly that the application for maintenance was filed on 01.09.2020 and came to be decided after a gap of almost two years, hence, the court was not justified in granting maintenance from the date of the order. To stress this point the revi
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
The court's decision emphasizes the importance of evaluating evidence in maintenance cases and considering the financial resources of the parties when determining the maintenance amount.
The main legal point established in the judgment is the legal obligation of the husband to maintain his wife under Section 125 Cr.P.C. and the entitlement of the wife to lead a dignified life similar....
The main legal point established in the judgment is the importance of evidence and the social and economic status of the parties in determining maintenance amount under Section 125 Cr.P.C.
Section 125, the Code of Criminal Procedure, aims to prevent destitution by ensuring financial support for a spouse, enabling a standard of living commensurate with their partner's status. Revisional....
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
The husband is bound to maintain his wife, and the court can determine the maintenance amount based on the husband's earning capacity.
The obligation of a husband to maintain his wife and children is not negated by claims of financial constraints, and maintenance laws are enacted for social justice to prevent dependents from falling....
The main legal point established in the judgment is the court's discretion in determining the appropriate amount of maintenance under Section 125 of the Criminal Procedure Code based on the evidence ....
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