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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Dheeraj Kapoor – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. criminal revisions challenge family court maintenance award under section 125 crpc. (Para 1 , 2 , 3) |
| 2. evidence reveals father employed; court disbelieves unemployment claim. (Para 4 , 5 , 6) |
| 3. father argues maintenance exceeds capacity given mother's substantial income. (Para 7 , 8 , 11) |
| 4. children urge enhancement; father conceals income despite obligations. (Para 9 , 10) |
| 5. limited revisional interference unless illegality in section 125 orders. (Para 12 , 13) |
| 6. able-bodied unemployed father faces adverse inference for non-disclosure. (Para 14 , 15 , 16) |
| 7. mother's income does not absolve father's minor maintenance duty. (Para 17) |
| 8. awarded quantum reasonable; no enhancement absent exceptional grounds. (Para 18 , 19 , 20) |
| 9. impugned maintenance order upheld; revisions dismissed. (Para 21 , 22 , 23 , 24 , 25) |
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 wa
Father's maintenance obligation to minor children under Section 125 Cr.P.C. independent of mother's income; unemployment plea rejected for able-bodied qualified person with contradictory employment e....
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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