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PREM NARAYAN SINGH
Shikha – Appellant
Versus
Avaneesh Mahodaya – Respondent
ORDER :
Both the Criminal Revisions are arising out of the same order and hence both the revisions are being heard and decided with this common order analogously.
2. These criminal revisions have been preferred under Section 19(4) of the Family Courts Act, 1984, r/w S. 397 and 401 of Cr.P.C. by the Husband and Wife respectively being aggrieved by the order dated 15.05.2019 passed by the learned Principal Judge, Family Court, Indore in M.Cr.C No.295/2015 whereby learned Principal Judge allowed the application under Section 125 of Cr.P.C. filed by the wife by directing the husband to pay interim maintenance of Rs.60,000/- to the wife, per month.
3. Brief facts of the case are that, the wife has filed an application under Section 125 of Cr.P.C. before the Family Court, Indore seeking maintenance from the husband. As per her application, she got married with her husband by Hindu rights and rituals on 27.11.2023. She stayed with her husband and her in-laws at Pune, Abu-Dhabi and Dubai, wherein she was performing her duty as an ideal wife and always taken care of her husband and his family members. It has been alleged in the application that the husband has not taken care of her and used to
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....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
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....
The court emphasized the husband’s duty to maintain an adequate standard of living for his ex-wife and child, reflective of his income and their necessities.
Point of law: Grant of interim maintenance – Determination of quantum of maintenance – Justified
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
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.
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