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ANJULI PALO
Dheeraj Chaurasia – Appellant
Versus
Jyoti Chaurasia – Respondent
ORDER
1. Both these revisions have been filed by the applicants against order dated 31.12.2019 passed by Principal Judge, Family Court, Chhatarpur in MJCR/3/2018 whereby applicant Dheeraj Chourasiya (hereinafter referred to as the husband) has been directed to pay maintenance of Rs.3000/- per month to Smt. Jyoti Chourasiya (hereinafter referred to as the wife).
2. The husband has filed Criminal Revision No. 1696 of 2020 to set aside the aforesaid order whereas the wife has filed Criminal Revision No.578 of 2020 for enhancement of maintenance amount.
3. Admittedly, marriage of applicants was solemnized according to Hindu rites and rituals on 14.2.2017. The wife started living separately from the husband since 1.1.2018 on the ground that behaviour of the husband and his family members towards wife was not proper. They used to harass her mentally and physically in connection with demand of dowry. It was also alleged that the husband was in relation with some other lady and an offence under section 376 of IPC has also been registered against the husband.
4. It is submitted by learned counsel appearing on behalf of the husband that the behaviour of the wife towards her husband was not prope
Maintenance decisions involve assessing the financial capacity of both spouses, the needs of dependents, and the evidence supporting claims of neglect or financial ability.
The husband's responsibility to maintain the wife and the court's duty to balance the situation by considering the dependents on the husband and prevailing circumstances.
The husband is bound to maintain his wife, and the court can determine the maintenance amount based on the husband's earning capacity.
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.
The court considered the income and social status of the parties, the petitioner's dependency, and the opposite party's liabilities in determining the maintenance allowance.
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