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HIGH COURT OF JUDICATURE AT ALLAHABAD
MADAN PAL SINGH
Ankit Saha – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. case called with no appearance from opposite party. (Para 1 , 2) |
| 2. revision seeks to set aside previous judgment. (Para 3) |
| 3. claim of opposite party's income and need for maintenance contested. (Para 4 , 5 , 10) |
| 4. court's analysis of claims on clean hands and ability to maintain. (Para 6 , 11 , 12) |
| 5. duty of litigants to disclose facts honestly. (Para 13 , 14) |
| 6. upholding precedent that prevents unjust enrichment. (Para 15) |
| 7. final decision to set aside trial court order. (Para 16 , 17) |
JUDGMENT
HON'BLE MADAN PAL SINGH, J.
1. Case called out in the revised call. None has appeared on behalf of the opposite party no.2 to press the present revision. Hence this criminal revision is being decided after hearing the arguments of learned counsel for the revisionist as well as learned AGA.
2. Heard Sri Sujan Singh, learned counsel for the revisionist and learned A.G.A. for the State.
3. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 17.02.2024 passed by the Principle Judge, Family Court, Gautam Budha Nagar in Case No.683 of 2019 (Neha Sahu Vs. Ankit Saha), under Section 125 Cr.P.C., whereby the revision
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.
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....
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....
A wife’s financial independence does not automatically disqualify her from maintenance; maintaining her dignity according to her husband's status is paramount.
Alteration of maintenance allowance under Section 127 Cr.P.C. can be done by trial Court on the ground of change of circumstances
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
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 ....
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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