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PREM NARAYAN SINGH
Vijendra – Appellant
Versus
Rekhabai @ Pappi – Respondent
ORDER
1. This criminal revision has been filed by the petitioner under section 19(4) of the Family Courts Act r/w section 397 of Cr.P.C. being aggrieved by the judgment dated 28.12.2018, passed by learned Principal Judge, Family Court, Dhar M.P., in MJCR No. 62/2017, whereby the learned Principal Judge has allowed the application filed on behalf of the respondents and awarded Rs. 3000/- per month as maintenance in favour respondent No.1 and Rs. 3000/- per month in favour of respondent No.2/daughter from the date of application. Hence, the present petition before this Court for reduction of the maintenance amount.
2. During the course of arguments, learned counsel for the petitioner submits that the the learned trial Court has awarded maintenance @ Rs.6000/- per month on higher side. In this regard, learned counsel for the petitioner submits that divorce decree has been passed by learned family Court on the ground of adultery. Such finding is relevant for deciding the issue of adultery in the present case. it is further submitted that the learned family Court has clearly stated that the respondent of this case surviving her life in adultery. Virtually, on this point, there are overwh
A wife living in adultery is not entitled to maintenance if proven by continuous evidence; mere isolated incidents are insufficient.
The burden of proof for alleging a spouse is living in adultery lies with the husband, who must demonstrate continuous conduct to deny maintenance under Section 125.
The court ruled that a wife disqualified from maintenance under Section 125 due to adultery cannot claim maintenance post-divorce if evidence of past conduct supports the claim.
Proper consideration of the issue of adultery is essential in determining a wife's entitlement to maintenance under section 125(4) of Cr.P.C.
The burden of proof lies with the husband to establish continuous adultery to deny maintenance; isolated incidents are insufficient.
A husband is liable to pay maintenance to his wife and minor children under Section 125 Cr.P.C., even if he alleges that the wife is living in adultery.
The court emphasized the welfare nature of maintenance laws and the need to prevent destitution, holding that grounds of cruelty, adultery, and desertion did not disentitle the respondent from receiv....
The duty of a husband to provide maintenance to the wife exists unless exceptions under Section 125 of the Cr.P.C. are proven. Grounds of cruelty, adultery, and desertion do not disentitle the wife f....
Grant of Maintenance – Provision provided under Section 125 of Cr.P.C. is a measure of social justice extended to protect rights of wife and minor children with object to prevent vagrancy and destitu....
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