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SHIV SHANKER PRASAD
Kanchan Rawat – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Shiv Shanker Prasad, J.
1. Heard Mr. Azad Khan, the learned counsel for the applicant and the learned A.G.A. for the State as well as perused the record.
2. Prayer made in this application
This application under Section 482 Cr.P.C. has been filed with a prayer to direct the court of Principal Judge, Family Court, Ghazipur to pass appropriate order in Misc. Case No. 57 of 2015 (Kanchan Rawat Vs. Braijlal Rawat) under Section 125 Cr.P.C., Police Station-Kotwali Ghazipur, District-Ghazipur and also for a direction upon the above court to pay the interim maintenance allowance of Rs.80,000/- in favour of the applicants in the interest of justice.
3. Matrix of the Case
The marriage of applicant no. 1, namely, Kanchan Rawat was solemnized with the opposite party no. 2, namely, Brijlal Rawat in accordance with Hindu Rites and Rituals on 01.12.2009. In the said marriage, father of the applicant no. 1 had expend 7 to 8 Lakhs rupees. After marriage, both the couple used to live together with love, peace and pleaser as husband and wife. When such additional demand of dowry was not fulfilled, the in-laws of applicant no.1 used to torture and harass her and the relationship between husband
The court established that enforcement of maintenance orders under Section 125 Cr.P.C. must be pursued through Section 128 Cr.P.C., as the latter provides the appropriate legal framework for such enf....
The court emphasized the summary nature of the proceedings under Section 125 of the Code of Criminal Procedure, 1973, and the objective to provide immediate relief to the applicant.
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
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....
Section 125 Cr.P.C. establishes a continuing liability to pay maintenance and provides for its enforcement through Section 125(3). The provision serves a social purpose to prevent destitution and pro....
The main legal point established in the judgment is the importance of speedy disposal of maintenance petitions under Section 125 of Cr.P.C. to prevent destitution and vagrancy, as well as the duty of....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
The legal obligation of the husband to support his wife and prevent destitution under Section 125 of the Code of Criminal Procedure.
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