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PREM NARAYAN SINGH
Amit – Appellant
Versus
Namita – Respondent
ORDER
1. This criminal revision has been filed by the petitioner under section 19(4) of the Family Courts Act being aggrieved by the judgment dated 18.12.2019, passed by learned Additional Principal Judge, Family Court, District-Indore, in MJCR No.1009/2014, whereby the learned Principal Judge has partly allowed the application filed under section 125 of Cr.P.C by awarding total maintenance of Rs.40,000/- per months ( i.e. Rs. 25,000/- per month in favour of the respondent No.1/wife & Rs.15,000/- in favour of respondent No. 2/daughter).
2. Learned counsel for the petitioner has submitted that the respondent is a working lady and capable to maintain herself. She has a career in modeling and she had also acted in some movies as well as serials and is presently running a dance class. She is well qualified and is having M.Com. degree. She herself went to her matrimonial home. Petitioner is ready to keep the respondent and at the time of her delivery the petitioner has transferred Rs. 50,000/- in the respondent father's account. She has not filed any report for cruelty, physical or mental assault. For the payment of maintenance amount, the petitioner has taken loan from the bank. The peti
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The court affirmed that a spouse's educational qualifications do not disqualify them from receiving maintenance, emphasizing the need for a fair assessment of financial needs and obligations.
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 main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
A wife's earning does not bar her from receiving maintenance; the court must consider the husband's financial status and the wife's lifestyle when determining maintenance.
The obligation of a husband to provide maintenance to his wife is fundamental, and the wife's earning capacity does not negate this obligation.
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