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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MADAN PAL SINGH
Abhishek Singh Yadav – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. minor revisionist's liability for maintenance. (Para 3 , 4) |
| 2. argument regarding no entitlement to maintenance due to abandonment. (Para 5 , 6 , 7) |
| 3. counterarguments about the validity of claims against a minor. (Para 10 , 11) |
| 4. legal provisions regarding minor's capacity to be sued. (Para 14 , 15 , 16) |
| 5. assessment of revisionist's income for maintenance calculation. (Para 19 , 26 , 28) |
| 6. court's finding on the nature of abandonment. (Para 20 , 23) |
| 7. modification of maintenance amount by the court. (Para 30 , 32) |
| 8. adjustment of excess payment of maintenance. (Para 31) |
JUDGMENT :
MADAN PAL SINGH, J.
1. Rejoinder affidavit filed on behalf of the revisionist and the supplementary counter affidavit filed on behalf of opposite party nos. 2 and 3 in the Court today are taken on record.
2. Heard Mr. S.M. Iqbal Hasan, learned counsel for the revisionist, Mr. Ravindra Kumar, Advocate holding brief of Mr. Purushottam Pandey, learned counsel for opposite party nos.2 and 3 and the learned A.G.A. for the State.
3. This criminal revision has been filed by the revisionist under Section 397/401 Cr.P.C. with a prayer to set aside the judgment and order dated 22nd November, 2023 pas
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
The obligation of a husband to maintain his wife and children is not negated by claims of financial constraints, and maintenance laws are enacted for social justice to prevent dependents from falling....
(1) Standard of proof of marriage in a Section 125, Cr.P.C. proceeding is not as strict as is required in a trial for an offence under Section 494 IPC.(2) Order passed in application under Section 12....
Point of law: Grant of interim maintenance - Monetary relief granted under section 125 Cr.P.C. shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved....
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
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.
Maintenance – An able-bodied young man has to be presumed to be capable of earning sufficient money so as to be able to reasonably maintain his wife and children.
Alteration of maintenance allowance under Section 127 Cr.P.C. can be done by trial Court on the ground of change of circumstances
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
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