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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 :
MADAN PAL SINGH, J.
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.
2. This criminal revision has been filed by the revisionist seeking to set aside the order dated 01-08-2024 passed by the learned Principal Judge, Family Court, Ballia in Criminal Misc. Case No. 1044 of 2021 (Smt. Meena Devi vs. Shailesh Kumar Yadav) under Section 125 Cr.P.C., whereby the revisionist was directed to pay maintenance of Rs.18,000/- per month to Opposite Party No.2 with effect from the date of filing of the application under Section 125 Cr.P.C.
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 wedlo
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.
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