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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Deepak Neelkanth – Appellant
Versus
Priyankaneelkanth – Respondent
| Table of Content |
|---|
| 1. background of marriage and maintenance dispute. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of maintenance award. (Para 4 , 5) |
| 3. observation on sufficient means for maintenance. (Para 6 , 7) |
| 4. clarification on the binding nature of ex-parte decrees. (Para 8) |
| 5. citing precedents on maintenance claims. (Para 10 , 11 , 12) |
| 6. final thoughts on maintenance award principles. (Para 13 , 14 , 15) |
| 7. conclusion and dismissal of the petition. (Para 16 , 17) |
ORDER :
PREM NARAYAN SINGH, J.
With the consent of both the parties, heard finally.
1. This criminal revision has been filed by the petitioner under Section 19 (4) of the Family Courts Act, 1984 and Section 397 of Code of Criminal Procedure, 1973 being aggrieved by the order dated 23.11.2022, passed by learned Principal Judge, Family Court, Ujjain in MJCR No.206/2021, whereby the learned Principal Judge has awarded maintenance of Rs.6000/- per month in favour of the respondent wife and Rs.5000/- per month in favour of Respondent No.2/Gunishka.
2. Brief facts leading to the present petition and submissions of counsel for the petitioner are that the petitioner and the Respondent both profess Hindu religion and are gov
An ex-parte decree of restitution does not bar a wife's right to maintenance if she demonstrates justified reasons for separation; maintenance should reflect reasonable comfort aligned with the husba....
A wife's right to maintenance cannot be revoked solely based on a decree for restitution of conjugal rights without a proper examination of circumstances, including claims of cruelty.
Court upheld the wife's right to maintenance despite husband's claims of inability due to multiple dependents; established that restitution decree does not negate maintenance rights when valid reason....
An ex-parte decree of restitution of conjugal rights does not bar a wife from claiming maintenance under Section 125 Cr.P.C., especially if justified by evidence of cruelty or neglect.
(1) Refusal to pay maintenance – Mere passing of decree for restitution of conjugal rights at husband’s behest and non-compliance therewith by wife would not, by itself, be sufficient to attract disq....
A wife who voluntarily separates from her husband without sufficient cause is not entitled to maintenance under Section 125(4) of the Code of Criminal Procedure.
Award of maintenance – Wife is not entitled for maintenance where she has been refusing to reside with her husband without any reason.
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