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RAVINDRA MAITHANI
Mamta Bisht – Appellant
Versus
Kailash Singh Bisht – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this revision is made to the judgment and order 30.09.2022, passed in Misc. Criminal Case No. 32 of 2020, Smt. Mamta Bisht Vs. Shri Kailash Singh Bisht, by the court of Judge, Family Court, Almora (“the case”). By it, an application under Section 125 of the Code of Criminal Procedure, 1973 filed by the revisionist has been allowed and she has been awarded Rs.2000/- per month, as maintenance.
2. Heard learned counsel for the parties and perused the record.
3. The respondent has already been served, but despite service, he is not represented before this Court.
4. The impugned judgment and order reveals that the revisionist and the respondent no.2 were married on 15.08.2014. It was second marriage of both, the revisionist and the respondent. The revisionist had a daughter born out from her earlier husband. It is the case of the revisionist that after marriage, the respondent tortured her physically as well as mentally.
5. It has been the case of the revisionist that the respondent is a Government employee and he has other sources of income also.
6. The respondent appeared in the case and denied all the allegations. According to the respondent
The main legal point established is that the maintenance amount awarded should be commensurate with the income and social status of the respondent.
The court established that maintenance must reflect the financial capacity of the husband and the needs of the wife and child, ensuring their right to a standard of living commensurate with his statu....
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.
A higher-earning spouse has a legal obligation to provide maintenance to a lower-earning or non-earning spouse under Section 125 of the Code, regardless of the latter's qualifications.
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
The main legal point established in the judgment is the consideration of adjustment or set-off of maintenance amount awarded in previous proceedings under different statutes, as highlighted in the ca....
The main legal point established in the judgment is the importance of evidence and the social and economic status of the parties in determining maintenance amount under Section 125 Cr.P.C.
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