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S. G. CHATTOPADHYAY
Sanjita Roy (Das) – Appellant
Versus
Swapan Ch. Das – Respondent
| Table of Content |
|---|
| 1. challenge to maintenance order based on marital discord. (Para 1 , 3) |
| 2. dispute over maintenance amount and respondent's financial status. (Para 4 , 5 , 6 , 8) |
| 3. petitioner’s husband's petition for cancellation of maintenance. (Para 9 , 10) |
| 4. arguments of petitioner and respondent regarding maintenance rights. (Para 11 , 12) |
| 5. legal assessment of maintenance denial based on decree for restitution. (Para 13 , 14 , 15 , 16 , 17) |
| 6. restoration of maintenance allowance following court decision. (Para 18 , 19) |
JUDGMENT
1. By means of filing this criminal revision petition, petitioner Smt. Sanjita Roy (Das) has challenged the order dated 10.01.2020 passed by the Additional Judge, Family Court, Agartala in case No. Crl. Misc. 316 of 2019 whereby the learned Additional Judge, Family Court held that the petitioner would not be entitled to any maintenance allowance under section 125 Cr.P.C from her husband in view of her refusal to restore conjugal relationship with her husband pursuant to the judgment and decree dated 19.08.2017 passed by the District Judge, South Tripura, Belonia in T.S.(R.C.R.) 8 of 2015 for restitution of conjugal rights.
2. Heard Mr. P.K. Ghosh, learned
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.
(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....
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....
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
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....
(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....
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.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
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