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RAVINDRA MAITHANI
Jai Prakash Sharma – Appellant
Versus
Ayushi – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. The challenge in this revision is made to the ex-parte judgment and order dated 29.08.2023, passed in Case No. 30 of 2020, Smt. Ayushi and Another Vs. Sri Jai Prakash by the court of Additional Family Judge, Roorkee, District Haridwar (“the case”).
2. Heard learned counsel for the parties and perused the record.
3. The respondent no. 1 filed an application under Section 125 of the Code of Criminal Procedure, 1973 (“the Code”) claiming maintenance from the revisionist. It has been the case of the respondent no. 1 that she and the revisionist were married on 06.12.2014. They were blessed with a baby girl, the respondent no. 2. But after marriage, the revisionist and his family members were not happy with the dowry given and they started demanding a Swift Desire car and Rs.3 Lakh in cash, due to which the respondent no. 1 was harassed. She was beaten up also. On 01.06.2015, the respondent no. 1 was expelled from her matrimonial house by the revisionist. There only she had delivered a baby girl. According to the respondent no. 1, she is not able to maintain herself, whereas the revisionist works in Merchant Navy and earns Rs.1,80,000/- per month salary.
The court affirmed that ex-parte proceedings are valid when a party fails to appear, and maintenance can be estimated based on available evidence and circumstances.
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....
An ex parte decree for restitution of conjugal rights does not bar a wife's claim for maintenance under Section 125 of the Code.
Interim maintenance under Section 125 is essential for immediate support, and the court must consider the financial capacity of the parties without making conclusive findings on the merits.
The court reinforced that interim maintenance under Section 125 must consider the financial capacity of the payer and the needs of the dependents.
The court considered the income and circumstances of the parties in determining the maintenance amount under Section 125 of the Code, emphasizing the purpose of preventing vagrancy and destitution.
The main legal point established in the judgment is the consideration of financial resources, liabilities, and social status in determining maintenance under Section 125 of the Code.
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.
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.
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