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VIPIN CHANDRA DIXIT
Gaurav Mehta – Appellant
Versus
Anamika Chopra – Respondent
JUDGMENT :
Vipin Chandra Dixit, J.
The criminal revision No.4152 of 2023 has been filed by the revisionist against the order dated 01.07.2023 passed by Additional Principal Judge, Family Court, Gautam Buddh Nagar in Criminal Misc. Application No.167 of 2020 (Anamika Chopra Vs. Gaurav Mehta) filed under Section 125 Cr.P.C. by which learned Family Court has granted Rs.25,000/- per month as interim maintenance to the respondent-wife.
2. The criminal revision No.4452 of 2023 has been filed by the revisionist-wife against the order dated 01.07.2023 passed in Criminal Misc. Application No.167 of 2020 (Anamika Chopra Vs. Gaurav Mehta) for enhancement of interim maintenance granted by the learned Family Court.
3. Since both the aforesaid criminal revisions have been filed against the same impugned order dated 01.07.2023 passed by learned Additional Principal Judge, Family Court, Gautam Buddh Nagar, the same are being decided by common judgment. Criminal Revision No.4152 of 2023 is leading criminal revision.
4. Heard Sri Rahul Sripat learned Senior Advocate assisted by Sri Ishir Sripat, learned counsel for the revisionist-husband and Ms.Anamika Chopra (wife) in person. Perused the record.
5. The
A wife who waives her right to maintenance during divorce cannot later claim interim maintenance, especially when living separately by mutual consent.
Maintenance – Wife is not entitled for any interim maintenance when she has already waived off her right to claim maintenance at the time of divorce.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
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.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
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.
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