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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
JAI KRISHNA UPADHYAY
Arvind Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. revision challenges section 125 maintenance order. (Para 1 , 2) |
| 2. wife alleges dowry cruelty; husband claims adultery. (Para 3 , 4 , 5 , 6) |
| 3. evidence shows husband's land and business income. (Para 7 , 8) |
| 4. revisionist contests entitlement and quantum. (Para 9 , 10) |
| 5. court finds torture proved, husband has means. (Para 11 , 12 , 13 , 18 , 19) |
| 6. section 125 ensures wife maintenance absent just refusal. (Para 14 , 15 , 16 , 17) |
| 7. impugned order upheld; revision dismissed. (Para 20 , 21) |
JUDGMENT :
JAI KRISHNA UPADHYAY, J.
1. List revised. None appeared on behalf of opposite party no. 2 despite service of notice whereas learned counsel for the revisionist and learned AGA for the State are present.
2. The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 10.05.2024 passed by Principal Judge, Family Court, Sonebhadra in Misc. Case No. 592 of 2019, under Section 125 Cr.P.C. ( Neelam Kumari Vs. Arvind Kumar, Police Station – Karma, District – Sonebhadra whereby learned Principal Judge, Family Court, has directed the revisionist to pay Rs. 3000/- per month to his wife/opposite party no. 2 towards her maintenance
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 ....
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
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 affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
The main legal point established in the judgment is the entitlement of the revisionist to maintenance allowance under Section 125 Cr.P.C. based on the allegations of harassment and demand for dowry b....
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
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