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SUBHASH VIDYARTHI
Vinod Kumar @ Sant Ram – Appellant
Versus
Shiv Rani – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
Heard Sri S.S.Chaubey, the learned counsel for the revisionist.
2. Supplementary affidavit filed today is taken on record.
3. The instant revision under Section 19(4) of the Family Courts Act, 1984 has been filed assailing validity of the judgment and order dated 30.11.2023 passed by the Principal Judge, Family Court, Shravasti in Maintenance Case No.36/2019, under Section 125 Cr.P.C. filed by the opposite party-wife of the revisionist. The validity of the judgment has been assailed on the ground that the parties had taken divorce by mutual consent in accordance with the customs of the locality, about 14 years prior to filing of the application under Section 125 Cr.P.C. and this fact was concealed by the opposite party in the application under Section 125 Cr.P.C. The judgment has also been assailed on the ground that the opposite party did not disclose her source of maintenance for the long period of 14 years between dissolution of marriage between the parties and filing of the application under Section 125 Cr.P.C.
4. The Family Court had framed six points for determination, the second being whether the opposite party is living separately from the revisi
A unilateral declaration of divorce is insufficient under Hindu law, thus allowing a spouse to claim maintenance despite claims of prior divorce.
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
A divorced wife can claim maintenance under Section 125 Cr.P.C. even if she was found guilty of desertion, as the bar under Section 125(4) is lifted after divorce.
A wife's refusal to cohabit due to ill-treatment justifies her claim for maintenance under Section 125 Cr.P.C., and the Family Court has discretion in determining the effective date for maintenance p....
A husband is obligated to provide maintenance to his wife regardless of his income status, and claims of adultery must be substantiated with evidence.
A wife's refusal to cohabit due to ill-treatment justifies her claim for maintenance under Section 125 Cr.P.C., and the Family Court has discretion to order maintenance from the date of application.
A wife can claim maintenance under different statutes, but she is obligated to disclose the maintenance awarded in any previously instituted proceeding while seeking maintenance in a subsequent proce....
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