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RENU AGARWAL
Kamal – Appellant
Versus
State of U. P Thru. Secy. Home, Lko. – Respondent
JUDGMENT :
Renu Agarwal, J.
Instant criminal revision under Section 19(4) of the Family Court Act has been preferred against the order dated 21.02.2023 passed by Principal Judge, Family Court, Court No.2, Unnao, in Case No.686 of 2016 (Smt.Sunaina Vs. Kamal), under section 125 Cr.P.C., whereby the application under section 125 Cr.P.C. moved by opposite party No.2 was partly allowed and revisionist was directed to pay Rs.2,000/- per month to opposite party Nos.2 from the date of application as maintenance.The arrears of maintenance are directed to be paid in five easy quarterly equal installments from the date of order.
2. It is submitted by learned counsel for the revisionist that marriage of revisionist with opposite party No.2 was solemnized on 07.05.2015 without any dowry. After marriage the opposite party No.2 lived in her matrimonial house with revisionist only for four days and gone to her parental home. The opposite party No.2 again returned to her matrimonial house and lived there only for ten days and went to her parental house and filed complaint against the revisionist in which revisionist was summoned under sections 498-A, 323, 504, 506, IPC and section 3/4 D.P. Act. In th
A husband is obligated to provide maintenance to his wife regardless of his income status, and claims of adultery must be substantiated with evidence.
The main legal point established in the judgment is the entitlement of the revisionist to maintenance allowance under Section 125 Cr.P.C. based on the allegations of harassment and demand for dowry b....
Point of law:Grant of interim maintenance - No source of income of her wife / respondent no. 2, so she is unable to maintain herself. – She is living at her parental house due to continuous harassmen....
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 ....
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....
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....
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