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HIGH COURT OF UTTARAKHAND
ANNU SHARMA ALIAS SWATI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
| Table of Content |
|---|
| 1. background of the marriage and application for maintenance. (Para 1 , 2 , 3) |
| 2. appellant's claim for retroactive maintenance based on delay. (Para 4 , 6 , 7 , 8) |
| 3. respondent's challenge to the quantum of maintenance. (Para 5 , 10 , 11 , 13) |
| 4. scope of revisional jurisdiction in maintenance cases. (Para 15 , 16) |
| 5. principles governing the awarding of maintenance under section 125 crpc. (Para 17 , 19 , 20) |
| 6. modification of payment commencement date for maintenance. (Para 21 , 22) |
JUDGMENT :
Ashish Naithani, J.
1.The present two criminal revisions arise out of the same order dated 25.02.2025 passed by the learned Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar, in Misc. Criminal Case No. 82 of 2019 filed under Section 125 of the Code of Criminal Procedure.
2. The marriage between Smt. Annu Sharma alias Swati and Dr. Nitin Sharma was solemnized on 04.02.2018. Subsequently, matrimonial disputes arose between them, leading the wife to file an application under Section 125 CrPC on 06.04.2019 seeking maintenance.
3. The Family Court, by its order dated 25.02.2025, granted interim maintenance of Rs. 20,000/- per month in favour of the wife, but
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
Father's absolute obligation to maintain minor child under Cr.P.C. Section 125 unaffected by mother's employment; voluntary financial liabilities secondary to child's paramount right; Rs.8,000 monthl....
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
An order of interim maintenance under Section 125 of the Cr.P.C. is an intermediate order and thus revisable under Section 397(1); it was affirmed by the Court as not suffering from illegality.
Maintenance obligation to minor child is absolute under Section 125 CrPC, irrespective of parental disputes; wife's claim requires evaluating her earning capacity, reason for separate living, and hus....
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
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