PANKAJ PUROHIT
Vijay Singh – Appellant
Versus
Jaimalti – Respondent
JUDGMENT :
This criminal revision has been preferred by the revisionist against the judgment and order dated 05.02.2013, passed by the learned Family Judge, Kashipur, Udham Singh Nagar in Misc. Criminal Case No. 257 of 2010, Smt. Jaimalti Vs. Vijay Singh, whereby the application moved by the respondent – wife – Jaimalti, under Section 125 of the Code of Criminal Procedure, 1973 (for short “the Code”) has been partly allowed and the revisionist – husband – Vijay Singh, was directed to pay a sum of Rs.1500/- per month to the respondent – wife from the date of moving the application for the maintenance and to ensure to make payment on the seventh day of each month.
2. The instant revision is moved against the aforesaid judgment and order dated 05.02.2013, mainly, on the ground that the maintenance amount awarded by the learned Family Judge, to the respondent – wife is excessive and beyond the paying capacity of the revisionist, as he is just a labour.
3. I have perused the impugned judgment as well as the material available on record. It is admitted to both the parties that their marriage had been solemnized on 16.02.2010, as per the Hindu rites and rituals and after some time, a discord
The husband is bound to maintain his wife, and the court can determine the maintenance amount based on the husband's earning capacity.
The court's decision emphasizes the importance of evaluating evidence in maintenance cases and considering the financial resources of the parties when determining the maintenance amount.
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....
Section 125, the Code of Criminal Procedure, aims to prevent destitution by ensuring financial support for a spouse, enabling a standard of living commensurate with their partner's status. Revisional....
The quantum of maintenance to be awarded under Section 125 of Cr.P.C. depends on various factors, including the financial status of the husband, the standard of living of the wife, and the cost of li....
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....
Point of law:Grant of interim maintenance - No source of income of her wife / respondent no. 2, so she is unable to maintain herself. – She is living at her parental house due to continuous harassmen....
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