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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MADAN PAL SINGH
Shailesh Kumar Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. issue of maintenance amount due to second marriage. (Para 2 , 3) |
| 2. determination of maintenance amount according to income. (Para 4 , 5) |
| 3. court's observations on trial court's procedure. (Para 6 , 7) |
| 4. final ruling regarding dismissal of the revision. (Para 8) |
JUDGMENT :
1. Heard Sri Gauri Shankar Yadav, learned counsel for the revisionist, Sri Yogeshwar Rai, learned counsel for Opposite Party No.2, learned A.G.A. for the State, and perused the record.
3. The sole argument advanced by the learned counsel for the revisionist is that the revisionist has performed a second marriage with the consent of Opposite Party No.2 and also bears the liability of three children born out of the second wedlock. Hence, it is contended that the amount of maintenance awarded by the Court below is excessive, exorbitant, and not commensurate with the income of the revisionist.
5. Considering the overall facts and circumstances of the case, and upon hearing the submissions of the learned counsel for the parties as well as the learned A.G.A., it stands admitted that Opposite Party No. 2 is the legally wedded wife of the revisionist, and their marriage was duly solemnized on 21.12.2021 ac
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
A wife’s financial independence does not automatically disqualify her from maintenance; maintaining her dignity according to her husband's status is paramount.
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
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....
The main legal point established in the judgment is the importance of evidence and the social and economic status of the parties in determining maintenance amount under Section 125 Cr.P.C.
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....
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....
A wife who is financially self-sufficient is not entitled to maintenance under Section 125 Cr.P.C., especially if she has not approached the court with clean hands.
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
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