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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Prem Narayan Singh
Afrin Bee W/o Mohammad Shadab Mansoori – Appellant
Versus
Mohammad Shadab – Respondent
ORDER :
Prem Narayan Singh, J.
With consent, heard finally.
2. This order shall govern the disposal of these criminal revisions as they are arisen out of the same order dated 16.02.2024 passed in Miscellaneous Judicial Case No. 120/2022 by the learned Principal Judge, Family Court, District- Ratlam. Hence, they are heard analogously and are being decided by this common order.
3. Being disgruntled by the judgment dated 16.02.2024, passed in M.J.C. No.120/2022, by learned Principal Judge, Family Court, District- Ratlam, the Criminal Revision No. 885/2024 has been filed by petitioner Afrin Bee W/o Mohammad Shadab Mansoori for enhancing the maintenance amount from Rs.12,000/- to Rs.20,000/-, while the Criminal Revision No. 919/2024 has been filed by respondent/Mohammad Shadab to set aside the order of maintenance. Further, for the sake of convenience, the wife- Afrin Bee W/o Mohammad Shadab Mansoori will be addressed as petitioner and husband-Mohammad Shadab will be addressed as respondent.
4. Brief facts of the case are that the marriage of the petitioner and respondent was solemnized on 28.02.2021 as per the Muslim Rites and Rituals. The petitioner stayed in her matrimonial house along wi
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.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
A husband is legally obligated to maintain his first wife and children, even after a second marriage, and a wife's refusal to live with her husband due to the presence of a second wife is justified u....
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....
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
The main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
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