RAVINDRA MAITHANI
Manish Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Since, both these revisions arise from one and the same judgement, they are heard together and are being decided by this common judgment.
2. In this judgment reference to revisionists and respondents shall correspond to Criminal Revision No.413 of 2019.
3. The challenge in these revision is made to the order dated 04.05.2019, passed in Criminal Case No.03 of 2016, Smt. Nisha Kashyap vs. Manish Kumar, by the court of Judge, Family Court, Haridwar (“the case”), by which, an application filed under Section 125 of the Code of Criminal Procedure, 1973 (“the Code”) by the respondent no.2 (“the wife”), seeking maintenance for herself and respondent no.3 (“minor daughter”) has been allowed and the revisionist has been directed to pay Rs.12,000/- per month to the wife and Rs.8,000/- per month the minor daughter, as maintenance.
4. In Criminal Revision No. 413 of 2019, the revisionist has sought quashing of impugned judgment and order, passed in the case and in Criminal Revision No.259 of 2019, the respondent nos.2 and 3 have sought enhancement of the compensation granted them in the case.
5. Heard learned counsel for the parties and perused the record.
6. The case is based on an applic
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 consideration of adjustment or set-off of maintenance amount awarded in previous proceedings under different statutes, as highlighted in the ca....
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 husband is bound to maintain his wife, and the court can determine the maintenance amount based on the husband's earning capacity.
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 main legal point established in the judgment is the legal obligation of the husband to maintain his wife under Section 125 Cr.P.C. and the entitlement of the wife to lead a dignified life similar....
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
The main legal point established in the judgment is that the maintenance awarded should be just and reasonable, commensurate with the financial status of the husband and the wife's ability to maintai....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.