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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Dheeraj Kapoor – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK MAHRA, J.
1. Both the criminal revisions arise out of the same judgment and order dated 16.07.2022, passed by the learned Judge, Family Court, Haridwar, District Haridwar in O.S. No. 161 of 2017, whereby the application filed by the minor children under Section 125 of the Code of Criminal Procedure (Cr.P.C.) was partly allowed and the father was directed to pay maintenance of Rs.6,500/- per month to each of the two minor children. Since both the revisions emanate from the same impugned order, they are being decided by this common judgment.
2. Criminal Revision No. 626 of 2022 has been preferred by the father, Dheeraj Kapoor, seeking setting aside of the impugned order on the ground that the learned Family Court has erred in law and on facts in awarding maintenance beyond his financial capacity and without properly considering the income of the mother. Criminal Revision No. 629 of 2022 has been filed by the minor children through their mother, seeking enhancement of the amount of maintenance awarded by the Family Court.
3. The brief facts of the case are that the marriage between Dheeraj Kapoor and Poonam Kapoor was solemnized on 17.04.2009 according to Hindu rites and r
The main legal point established in the judgment is the determination of maintenance under Section 125 Cr.P.C. for the wife and minor child, and the court's discretion to enhance the maintenance base....
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....
The court ruled that maintenance must reflect the full financial capacity of the respondent, ensuring adequate support for the petitioner and minor child, and should be awarded from the date of filin....
The main legal point established is that a husband and father is obligated to provide maintenance to his wife and minor son, based on his sufficient means, despite his need to support his ailing moth....
Interim maintenance under Section 125 is provisional and requires evidence of adoption for claims by stepchildren; the court upheld the Family Court's assessment of income and entitlement.
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
The main legal point established in the judgment is the importance of evidence and the social and economic status of the parties in determining maintenance amount under Section 125 Cr.P.C.
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