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SURENDRA SINGH I
Rakhi @ Rekha – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By means of the instant criminal revision, revisionist has assailed the judgement and order dated 01.11.2022 passed by Principal Judge, Family Court, Amroha in Case No.05 of 2019 (Smt. Rakhi vs. Amit Kumar), under Section 125 Cr.P.C., Police Station Amroha, District Amroha.
2. By the impugned order, the trial Court has granted monthly maintenance allowance of Rs.5,000/- to the revisionist from the date of presentation of application under Section 125 Cr.P.C. The revisionist has prayed for enhancement of maintenance allowance granted by the trial Court in her favour. The opposite party No.2 has not challenged the aforesaid impugned order, therefore, findings in the impugned judgment and findings regarding the marriage of the revisionist with opposite party No.2 as well as there being sufficient reason for her residing away from the opposite party No.2, has become final.
3. It has been submitted by the learned counsel for the revisionist that this criminal revision has been filed on the point of quantum of maintenance payable to the revisionist contending that it is quite meagre considering the monthly net income of the opposite party No.2 (husband). The averments have been m
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 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....
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....
The main legal point established in the judgment is that the maintenance awarded should be just and reasonable, commensurate with the financial status of the husband and the wife's ability to maintai....
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 application and interpretation of provisions related to maintenance allowance under Section 125 Cr.P.C., Section 19 of the Family Court Act, 19....
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....
(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....
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.
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