RAM MANOHAR NARAYAN MISHRA
Surendra Prajapati – Appellant
Versus
State of U. P. – Respondent
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 application for maintenance against her husband under Section 125 Cr.P.C. with averments that her marriage with opposite party was solemnized on 19.4.2014 according to Hindu rites and rituals; her parents had given cash and gifts as per their economic status but her husband and in-laws were not satisfied with the dowry given in her marriage and started demanding of Rs. 02 lakhs as an additional dowry and on non fulfillment they began practicing
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.
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 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.
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
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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