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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Vineet Sharma – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ashish Naithani, J.
1. This Criminal Revision has been filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 19(4) of the Family Courts Act, 1984, by the Revisionist, Vineet Sharma, assailing the judgment and order dated 12.07.2024 passed by the learned Additional Judge, Family Court, Dehradun in Criminal Case No.285 of 2019, titled Monika Dhiman and Another v. Vineet Sharma .
2. By the impugned order, the learned Family Court allowed an application under Section 125 of the Code of Criminal Procedure, 1973 and directed the Revisionist to pay a sum of Rs. 10,000 per month as maintenance to Respondent No. 2 (wife) and Respondent No. 3 (minor child). The Revisionist challenges the legality, correctness, and propriety of the said order on grounds relating to maintainability, appreciation of evidence, earning capacity of the parties, and applicability of (4) CrPC.
3. The marriage between the Revisionist and Respondent No. 2 was solemnized on 16.11.2016 in accordance with Hindu rites and ceremonies. From the said wedlock, a male child, Respondent No. 3, was born.
4. After marriage, matrimonial discord arose between the parties. The record reflec
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....
A wife is entitled to maintenance under section 125 of the Code of Criminal Procedure, and the husband has the burden to prove inability to maintain. The maintenance should be adequate for the wife t....
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
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....
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