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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJIV KUMAR
Brijmohan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. allegations of dowry demand and cruelty. (Para 3 , 4) |
| 2. revisionist's denial of allegations and claims. (Para 5 , 9) |
| 3. court's analysis of evidence and maintenance entitlement. (Para 8 , 27 , 34) |
| 4. purpose and interpretation of section 125 cr.p.c. (Para 16 , 18 , 20 , 21) |
| 5. affirmation of maintenance order and dismissal of revision. (Para 32 , 36) |
JUDGMENT :
SANJIV KUMAR, J.
1. The instant Criminal Revision has been filed on behalf of Brijmohan against the judgment and order dated 06.09.2022, passed by learned Additional Principal Judge, Court No.1, Family Court, Firozabad in Maintenance Case No. 1907 of 2014 ( Smt. Dhirjesh Vs. Brijmohan ), under Section 125 Cr.P.C. Police Station Makkhanpur, District Firozabad.
2. In the impugned judgment and order, the learned trial court allowed maintenance application filed under Section 125 Cr.P.C. by Smt. Dhirjesh and directed the revisionist Brijmohan to pay a sum of Rs.3000/- per month as maintenance to her from the date of application and Rs.5000/- per month from the date of order.
3. Brief facts of the case are that Smt. Dhirjesh filed application under Section 125 Cr.P.C. against the revisionist Brijmohan, alleging therein
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.
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 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 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 court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
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....
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
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