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RAM MANOHAR NARAYAN MISHRA
Abhijeet Alias Rahul – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. judge's introduction and outline of revisions. (Para 1 , 2 , 3) |
| 2. background of the marriage and allegations of dowry and abuse. (Para 4 , 5 , 6 , 7) |
| 3. arguments regarding financial capabilities and past orders. (Para 8 , 9 , 10) |
| 4. legal interpretations and obligations under section 125 cr.p.c. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. final ruling on the revisions and maintenance awarded. (Para 24 , 25) |
JUDGMENT :
Ram Manohar Narayan Mishra, J.
Criminal Revision No.4105 of 2022 (Abhijit Alias Rahul vs. State of U.P. and Another) is directed against the judgment and order dated 12.09.2022, passed by Additional Principal Judge, Family Court, Court No.2, Bulandshahr in Maintenance Case No.930 of 2015 (Smt.Poonam Sharma vs. Abhijit Alias Rahul), under Section 125 Cr.P.C., Police Station Kotwali Nagar, Bulandshahr, whereby the revisionist-husband has been directed to pay Rs.4,000/- as monthly maintenance to opposite party No.2, who is wife of the revisionist from the date of filing of application to date of judgment and thereafter Rs.8,000/- per month. The arrears of maintenance at the rate of Rs.4,000/- per month has been directed to be pa
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.
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 ....
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
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 court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
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.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
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