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HIGH COURT OF ALLAHABAD
VINOD DIWAKAR
Shabana Bano – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Vinod Diwakar, J.
1. Heard learned counsel for the revisionist-wife, learned counsel for the respondent-husband, learned A.G.A. for the State-respondent, and perused the entire record.
2. This present revision has been preferred seeking enhancement of the maintenance amount awarded by the learned Principal Judge, Family Court, Sonbhadra in Criminal Misc. Case No.387 of 2019, filed by the revisionist-wife on 17.8.20219.
3. Succinctly, the brief facts are that the revisionist-wife and the respondent-husband were married on 4.5.2002, according to Muslim rites and rituals. At the time of marriage, the respondent-husband was serving as a Civil Judge (Junior Division) at the District Court in Sonbhadra. Currently, he holds the position of Special Judge (UP Dacoity Affected Area) in District Etah and previously served as Additional Principal Judge at the Family Court in Jaunpur from 3.8.2019 to 4.7.2022. The revisionist-wife asserts that her parents spent approximately Rs.30 lakhs on the marriage. Additionally, during the engagement ceremony, Rs.11 lakhs were provided to purchase an Indica car; however, the respondent-husband declined to register the car in his name due to his rece
Judicial officers must maintain integrity in personal litigation; timely resolution of maintenance applications is essential to prevent destitution.
The court emphasized the necessity for timely resolution of maintenance applications under Section 125 Cr.P.C. to prevent injustice and uphold the rights of vulnerable parties.
Family Courts must prioritize timely justice in maintenance cases, ensuring sensitivity to the needs of destitute women and adherence to Supreme Court guidelines.
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 husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
Maintenance cases – There is urgent need for Family Court Judges to exercise their judicial mind with heightened sensitivity and responsibility – Judicial system must prioritize expeditious disposal ....
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluct....
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