PREM NARAYAN SINGH
Neelam – Appellant
Versus
Radheshyam Patel – Respondent
ORDER
1. With consent of the parties, heard finally.
2. This order shall govern the disposal of these criminal revisions as they are arisen out of same order dated 22.8.2023 passed in Miscellaneous Judicial Case (Criminal) No. 592/2019 by the learned IIIrd Additional Principal Judge, Family Court District Indore. Hence, they are heard analogously and are being decided by this common order.
3. Being aggrieved by the judgment dated 22.8.2023, passed in MJC(Cri) No.592/2019, by learned IIIrd Additional Principal Judge, Family Court, District-Indore, the Criminal Revision No. 4570/2023 has been filed by Neelam W/o Radheshyam Patel/petitioner No. 1 and Namami D/o Radheshyam Patel for enhancement of maintenance amount of Rs.12,000/- & Rs.8000/- upto Rs.40,000/- (in total), while the Criminal Revision No. 4157/2023 has been filed by respondent/Radheshyam to set aside the order of maintenance passed in favour of his wife and daughter. Further, the wifeNeelam and daughter-Nimami will be addressed as petitioner Nos. 1 and 2 while husband-Radheshyam will be addressed as respondent.
4. Prosecution story in nutshell is that the marriage between the petitioner No. 1 and respondent was solemnized on
A wife is entitled to maintenance even if she has her own income, ensuring her standard of living is maintained according to her husband's financial status.
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) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
(1) Maintenance – Even if wife is earning, it cannot operate as a bar from being awarded maintenance by husband – It is moral duty of husband to pay maintenance to her wife but it does not mean to sq....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
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