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RAM MANOHAR NARAYAN MISHRA
Jayhind Singh – Appellant
Versus
State of U. P. – Respondent
ORDER :
Ram Manohar Narayan Mishra, J.
Heard learned counsel for the revisionist, learned counsel for the opposite party Nos.2 and 3, learned AGA for the State and perused the material placed on record.
2. Instant criminal revision has been preferred against the impugned judgment and order dated 15.12.2022, passed by Additional Sessions Judge/Special Judge (M.P./M.L.A Court), Allahabad in Session Trial No.196 of 2020 (State of U.P. vs. Saurabh Pandey and others), arising out of Case Crime No.396 of 2020, under Sections 147 , 148, 149, 323, 504, 308, 452, 304 IPC, Police Station Karchhana, District Allahabad (Prayagraj), whereby the Application 75-Kha moved by the informant, who is also defacto complainant, under Section 319 Cr.P.C. has been dismissed.
3. The factual matrix of the case are that the applicant Smt.Shashikala Devi filed an application for maintenance under Section 125 Cr.P.C. against husband, who is present revisionist, before this Court with averment that her marriage was solemnized with opposite party on 09.05.2005 in accordance with Hindu rites and rituals. The parties performed their marital oblications for some time after marriage but even after expiry of four years,
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
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.
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.
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....
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
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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