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RAJAN ROY, OM PRAKASH SHUKLA
Shashi Pal – Appellant
Versus
Sachin Kumar Pal – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Shri Anup Kumar Mishra, learned Counsel representing the appellant and Shri Manjeet Singh, learned Counsel representing the respondent.
2. This appeal under Section 19 (1) of the Family Court Act, 1984 has been filed by the wife/appellant, Shashi Pal, seeking enhancement of the quantum of maintenance inter alia on the grounds that merely Rs.1000/-has been granted by the Additional Principal Judge, Family Court, Pratapgarh (hereinafter referred to as the ‘Family Court’) vide order dated 16.11.2022 in Original Suit No. 737 of 2017 filed by her under Section 18 of the Hindu Adoptions and Maintenance Act, 1956.
3. The factual matrix of the case at hand, which has been highlighted by the appellant, is that marriage of appellant and respondent was solemnized on 09.05.2006 in accordance with Hindu rites and rituals. In the said marriage, appellant’s father gave dowry including household goods as per his capacity to the respondent. Out of their wedlock, one child, namely, Sauryapal, was born on 03.08.2008. In the year 2008, the father of respondent/husband, who was working in the railway department, died, as a consequence of which, the respondent/ husb
The court emphasized that maintenance must be adequate to meet the basic needs of the wife, reinforcing the husband's obligation to provide financial support.
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
Section 23 of the HAMA provides statutory guidance with respect to the criteria for determining the quantum of maintenance.
Maintenance of wife—It is not only moral obligation, but a legal duty cast upon husband to maintain his wife and children.
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
The court reaffirmed that an able-bodied husband has a legal duty to maintain his wife and children, and maintenance should be based on actual income capacity.
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
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