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PREM NARAYAN SINGH
SANGEETA W/o NARESH RATHORE – Appellant
Versus
NARESH RATHORE – Respondent
ORDER :
1. This criminal revision has been filed by the petitioner under section 19(4) of Family Court Act, 1984 being aggrieved by the judgment dated 4-8-2018, passed in M.Cr.C. No. 13/2016, by learned Principal Judge, Mandsaur whereby the learned Family Court has rejected the application filed under section 125 of Cr.P.C. on the ground that applicant/wife has failed to prove that she being the legal wife of the respondent/husband is liable to receive the maintenance.
2. The fact in brief are that the petitioner filed an application under section 125 of Cr.P.C. for grant of maintenance and pleaded that three years ago the marriage of the petitioner was solemnized with respondent according to Hindu rites and rituals. Thereafter the respondent and his family members started harassing her for not fulfilling their demand of dowry also tortured by aborting her issue twice. The respondent had illicit relation with one Seema and on 8-3-2016, the respondent along with Seema have assaulted the applicant. The respondent being Government Teacher, is earning Rs. 30,000/- per month. He also has agricultural land measuring two Beegha from which also he earns income. He also has his own house and
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
A second marriage is void if the first marriage is still valid, and only a legally wedded wife is entitled to maintenance under Section 125 of Cr.P.C.
A wife is entitled to maintenance under section 125 of the Code of Criminal Procedure, and the husband has the burden to prove inability to maintain. The maintenance should be adequate for the wife t....
Maintenance can be awarded only to a wife who is unable to maintain herself. The Court has to find out what is required by the wife to maintain a standard of living which is neither luxurious nor pen....
The main legal point established in the judgment is that a woman in the position of the petitioner, as the second wife, is entitled to maintenance under Section 125 of Cr.P.C. even if the husband sup....
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
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