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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAM MANOHAR NARAYAN MISHRA
Madhu Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Heard learned counsel for the revisionists, learned counsel for the respondent no.2 and learned A.G.A. for the State.
2. Instant Criminal Revision has been directed against the judgment order dated 18.10.2023 passed by learned Additional Principal Judge, Family Court, Court No.3, Deoria in Maintenance Case No.551 of 2022, under Section 125 Cr.P.C. Whereby the application for maintenance filed by the applicants have been dismissed. The applicant No.1 Madhu Yadav claims himself to be wife of opposite party Gaurav Yadav and applicants No.2 and 3 are her minor children born out of her wedlock with previous husband Sriniwas.
3. The factual matrix of the case in brief are that the applicants moved an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Deoria dated 18.05.2022 with averments that applicant No.1 Madhu Yadav was initially married with Sriniwas, the elder brother of opposite party No.2, from whom she born two children namely Shiwangi and Shrayansh who were minor at the time of filing of maintenance application. The applicant No.1 contracted second marriage with her brother-in-law on 15.06.2020, after dea
A broad interpretation of 'wife' under Section 125 Cr.P.C. is necessary, allowing claims based on cohabitation without formal marriage to ensure social justice and prevent destitution.
Maintenance can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
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 ....
(1) Maintenance – A woman is entitled to claim maintenance u/s. 125 Cr.P.C. from her second husband while her first marriage is legally subsisting but she is not deriving any rights and entitlements ....
Point of Law : The principles of Hindu Personal Law have developed in an evolutionary way out of concern for all those subject to it so as to make fair provision against destitution. The manifest pur....
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.
The Court clarified that a second wife whose marriage is void due to the survival of the first marriage is not entitled to maintenance under Section 125 Cr.P.C. The Court emphasized the need for stri....
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