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ANJULI PALO
Puja Makhija – Appellant
Versus
Jitendra Makhija – Respondent
ORDER
1. In this revision under section 397/401 of the Code of Criminal Procedure, the applicant - wife has cha1llenged the validity of the order dated 23.6.2022 passed in MJCR No.537 of 2016 whereby the application preferred by the applicant under section 125 of the Cr.P.C. has been allowed in part and the non-applicant/husband has been directed to pay maintenance at the rate of Rs.25,000/- per month to the applicant wife from the date of filing of the application.
2. The facts of the case, in a nutshell, are that the applicant filed an application under section 125 of the Code of Criminal Procedure claiming maintenance at the rate of Rs.50,000/- per month. It is not disputed that the marriage between the applicant and non-applicant was solemised on 10.12.2013 as per Hindu rites and rituals. It is also not disputed that the applicant-wife is a B.D.S. doctor. The applicant had lodged an FIR on 27.6.2016 bearing Crime No.284 of 2016 against the respondent for offences under sections 498 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. Thereafter offence under section 325 of the IPC was also registered.
3. It was averred that at the time of marriage, the parents of the appl
The obligation of a husband to provide maintenance to his wife is fundamental, and the wife's earning capacity does not negate this obligation.
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The central legal point established in the judgment is the husband's duty to maintain his wife and children, the discretion of the court to award maintenance based on the husband's financial capacity....
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
The court emphasized that maintenance is aimed at empowering the destitute and should reflect the real earning capacity of the spouse, establishing the right to maintain a standard of living similar ....
Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluct....
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