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SUBHASH VIDYARTHI
Mohd. Ashif – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Mohd Ashraf, Advocate holding brief of Sri Farooq Ayoob, learned counsel for the applicant and Sri Sanjay Maurya, learned A.G.A. appearing on behalf of the State.
2. By means of the instant revision filed under Section 19(4) of the Family Court Act, 1984, the revisionist has challenged the validity of the judgment and order dated 13.10.2023 passed by the Principal Judge (Family Court), Barabanki in Criminal Misc. Case No. 553/2020, under Section 125 Cr.P.C. filed by the opposite party no. 2-wife of the revisionist.
3. The Family Court has ordered the revisionist to pay Rs.2000/- per month towards maintenance to opposite party No. 2 w.e.f. the date of the application and Rs.4,000/- from the date of the order.
4. Learned counsel for the revisionist has challenged the validity of the order on the ground that in the statement of the opposite party No. 2 recorded by the Family Court, she categorically stated that she is not willing to resume co-habitation with the revisionist on any condition and a similar statement has been given by her father (PW-2).
5. The submission of learned counsel for the revisionist that in view of the aforesaid statement
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....
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 to order maintenance from the date of application.
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 ....
Order of Maintenance allowances upheld - Provisions of Section 125 of Cr.P.C are beneficial provisions which are enacted to stop vagrancy of a destitute wife and provide some succour to them, who are....
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....
The main legal point established in the judgment is the legal obligation of the husband to maintain his wife under Section 125 Cr.P.C. and the entitlement of the wife to lead a dignified life similar....
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