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RAM MANOHAR NARAYAN MISHRA
Ajay Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
By means of instant criminal revision, the revisionist has assailed judgment and order dated 08.07.2022, passed by learned Additional Principal Judge, Family Court Room No.2, Kanpur Nagar, in Case No.939 of 2017 (Smt.Manorama vs. Ajay Kumar), under Section 125 Cr.P.C., whereby the original applicant has been awarded maintenance to the tune of Rs.1500/-, per month from the date of filing of application to the date of judgment and thereafter at the rate of Rs.2000/- per month onwards. The maintenance is payable by opposite party, who is revisionist before this Court. It is also directed in impugned order that any amount obtained by the applicant towards maintenance shall be liable to be adjusted.
2. Heard learned counsel for the revisionist, learned counsel for the opposite party No.2, learned AGA for the State and perused the material placed on record including impugned judgment and order.
3. The factual matrix of the case, in brief, are that the applicant Manorama, who is opposite party No.2 in present revision instituted a case under Section 125(2)(d) Cr.P.C., in the Court of Principal Judge, Family Court, Kanpur Nagar, which is registered as
A mother's right to maintenance persists despite remarriage; a son is legally obligated to support his elderly mother.
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.
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 under Section 125 Cr.P.C. requires financial disclosure from both parties to ensure just outcomes, and non-compliance does not invalidate previous orders.
A broad interpretation of 'wife' under Section 125 Cr.P.C. is necessary, allowing claims based on cohabitation without formal marriage to ensure social justice and prevent destitution.
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
Maintenance – Liability to maintain a minor child is always on “any person”—“Person” would include both male and female.
Maintenance – Liability to maintain a minor child is always on “any person” – “Person” would include both male and female.
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