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RAM MANOHAR NARAYAN MISHRA
Surendra Prajapati – Appellant
Versus
State of U. P. – Respondent
Headnote: Read headnote
JUDGMENT
Ram Manohar Narayan Mishra, J.
The present revision is directed against the judgement and order dated 16.9.2022 passed by Principal Judge, Family Court, Lalitpur in Misc. Case No. 10/2020 ( Smt. Ramdevi @ Mohini v. Surendra Prajapati ), under Section 125 Cr.P.C., P.S. Bar, District Lalitpur whereby revisionist has been directed to pay Rs. 4,000/- per month as maintenance to his wife-respondent no. 2 from the date of judgement.
2. Notice has been served upon the respondent no. 2 as per the report of the C.J.M., concerned, but none appeared to press this revision on behalf of the respondent no. 2.
3. Heard learned counsel for the revisionist and learned AGA for the State.
4. Brief facts of the case are that respondent no. 2 filed an ap
The husband is bound to maintain his wife, and the court can determine the maintenance amount based on the husband's earning capacity.
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 mother's right to maintenance persists despite remarriage; a son is legally obligated to support his elderly mother.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
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.
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....
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