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RAM MANOHAR NARAYAN MISHRA
Arpit Saxena – Appellant
Versus
Nancy Saxena – Respondent
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the revisionist and learned counsel for the respondent and perused the material on record.
2. The present criminal revision is filed against the order dated 24.5.2022 passed by Principal Judge, Family Court, Rampur in Criminal Misc. Case No. 596 of 2019 (Smt. Nancy Saxena v. Arpit Saxena) under Section 125 Cr.P.C. whereby application moved under Section 18A by the applicant (opposite party) has been partly allowed and the revisionist had been directed to pay Rs. 4,000/- as maintenance on monthly basis to opposite party Smt. Nancy Saxena from the date of filing of the application and during the pendency of application under Section 125 Cr.P.C.
3. The brief facts of the case are that the opposite party filed an application under Section 125 Cr.P.C. before the Principal Judge, Family Court against her husband-revisionist with averments that marriage of the applicant and opposite party was solemnized on 9.5.2017 as per Hindu rites and rituals at Rampur and no dowry was agreed between the parties in the marriage, however, after solemnizing marriage, opposite party and his family members started demanding dowry on pretext
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
Maintenance under Section 125 Cr.P.C. must reflect the financial status of the husband and the needs of the wife, ensuring adequate support for her living expenses.
Maintenance – Merely being highly qualified may not deny maintenance to a person unless he or she earns for his or her maintenance.
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.
A higher-earning spouse has a legal obligation to provide maintenance to a lower-earning or non-earning spouse under Section 125 of the Code, regardless of the latter's qualifications.
The discretion of the Magistrate in awarding maintenance and the need to prevent vagrancy and destitution were the central legal principles established in the judgment.
The court established that under Section 125 of the Code of Criminal Procedure, a wife who is unable to maintain herself is entitled to interim maintenance from her husband, especially when there is ....
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