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PRAKASH CHANDRA GUPTA
Madhulika Bhate W/o Santosh Kumar Bhate – Appellant
Versus
Santosh Kumar S/O Ganpatraoji Bhate – Respondent
ORDER :
This revision petition u/S 19(4) of the Family Courts Act r/w section 397 o f Cr.P.C. has been filed by the petitioner/wife being aggrieved by the order dated 15/10/2019 passed by Ist Additional Principal Judge, Family Court Indore in MJC no.78/2015, whereby the learned trial court has partly allowed an application u/S 125 of Cr.P.C. filed by the petitioner/wife and awarded her Rs.5,000/- per month maintenance against the respondent/husband from the date of impugned order. Hence, the present petition lies before this court for enhancement of maintenance amount.
2. It was admitted fact before the trial court that marriage between the petitioner and respondent was solemnized on 24/12/1978. From the wedlock of the parties, three children named Prajakta Bhaate, Pallavi Bhaate and Vedanshu alias Sameer Bhaate were born on 03/11/1981, 24/01/1984 and 03/08/1994 respectively. It was also admitted fact that the respondent is a retired bank manager and he gets pension of a sum of Rs.25,321/- per month and the petitioner is living separately from the respondent since year 1999. It was also undisputed fact that Prajakta Bhaate and Pallavi Bhaate are married and Vendanshu is a major.
3. Fa
The court upheld the trial court's maintenance award, emphasizing the need for maintenance to reflect the husband's financial capacity and the wife's inability to support herself.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
A husband’s obligation to maintain his wife persists regardless of her financial circumstances, provided he has the means to fulfill this duty.
The enhancement of maintenance must ensure a spouse can sustain a dignified lifestyle, reflecting their status in marriage.
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