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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Vineet Sharma – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. matrimonial history and section 125 crpc maintenance claim initiation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. limited revision scope; section 125 balances needs and capacity. (Para 10 , 17 , 18) |
| 3. husband's low income, wife's capacity, section 125(4) bar claimed. (Para 11 , 12 , 13) |
| 4. destitution prevention; absolute child maintenance duty urged. (Para 14 , 15 , 16) |
| 5. absolute maintenance obligation for minor child. (Para 19) |
| 6. assess wife's capacity, husband's means, section 125(4) applicability. (Para 20 , 21 , 22) |
| 7. affirm child maintenance; remit wife's claim reconsideration. (Para 23 , 24 , 25 , 26 , 27) |
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
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.
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