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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ram Manohar Narayan Mishra,J.
Nagendra Sirohi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Instant Criminal Revision has been preferred against the judgment and order dated 09.05.2023 passed by learned Additional Principal Judge Family Court, Amroha in Maintenance Case No.326 of 2021 under Section 125 Cr.P.C., P.S. Rajatpur, District Amroha. By the impugned order learned court below has awarded maintenance to the applicant Smt. Shalini from the date of filing of application dated 15.04.2021 to the date of judgment at the rate of Rs.8,000/- and thereafter at the rate of Rs.15,000/- per month. It is also directed in the impugned order that maintenance will be the payable on 10 of each calendar month. Original applicant is directed to furnish her bank account so that the respondents may deposit the amount of maintenance in the bank account directed. It is also clarified in the impugned Judgment that any amount obtained by the applicant as maintenance from any court shall be liable to be adjusted towards maintenance in the judgment.
2. Heard learned counsel for the revisionist, leaned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material on record.
From perusal of record it appears that d
Maintenance under Section 125 Cr.P.C. requires financial disclosure from both parties to ensure just outcomes, and non-compliance does not invalidate previous orders.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
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.
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
The court emphasized strict adherence to procedural requirements under Section 125 of the Cr.P.C. for maintenance claims and that failure to submit affidavits of disclosure invalidates maintenance or....
Non-compliance with mandatory disclosure affidavits in maintenance proceedings necessitates remand for fresh consideration.
The main legal point established is the obligation of a party to comply with Supreme Court guidelines on affidavit of disclosure in maintenance proceedings and the statutory mandate for timely dispos....
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintena....
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