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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Hasina Khatoon – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. Heard Sri Jaideep Pandey, learned counsel for the applicant, Sri Mahtab Alam and Sri R.K. Shukla, learned counsel for O.P. No.2 and Sri Shashidhar Pandey, learned A.G.A. for the State.
2. Learned counsel for the applicant submits that the present application has been filed under Section 482 Cr.P.C. for the relief mentioned in the prayer clause of the application. The relief sought in the application is delineated below:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the order dated 23.01.2023 passed by Ld. Civil Judge (Junior Division)/F.T.C. (Crime against women), Moradabad in Execution Case No. 697 of 2022 Smt. Hasina Khatoon Vs. Ahmad @ Ramzani, under Section 31 of Domestic Violence Act-2005, arising out of Case No. 10095 of 2017, Hasina Khatoon Vs. Ahmad Ali , under Section 12 of Domestic Violence Act, by which the courts below partly rejecting the Execution Application the applicant for recovery of amount Rs. 2,64,000/-
AND in the meantime directing the court below to issue a recovery certificate against the Opposite Party No. 2 for amount of Rs. 2,64,000/- fr
A husband's imprisonment for non-payment does not absolve his obligation to pay maintenance; ongoing enforcement is essential to protect the recipient's welfare.
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
The magistrate can impose a maximum of one month imprisonment for each month of default in maintenance payments under Section 125(3) of the Cr.P.C.
The main legal point established in the judgment is the court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The defense can only be struck off for non-payment of maintenance when the default is shown to be wilful and contumacious, ensuring no party benefits from their own wrongdoing.
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
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