Back
T. AMARNATH GOUD
Paritosh Saha – Appellant
Versus
Jahanabi Roy (Saha) – Respondent
JUDGMENT
T. Amarnath Goud, J. - This instant criminal revision petition has been filed under Section 19(4) of the FAMILY COURTS ACT , 1984 directed against the part of the judgment and order dated 03.04.2021 passed in Case No. Misc. 533 of 2019 by learned Judge, Family Court, Agartala, Tripura rejecting the prayer of the petitioner under Section 127 of the Cr.P.C., 1973 for alteration of the order of maintenance granted in favour of divorced-wife Smt. Jahanabi Roy on 05.09.2013 in Misc. 269 of 2012 under Section 125 of the Cr.P.C., 1973.
2. The brief facts leading to this revision petition are that on the prayer of the respondent No. 1 being the valid wife of the petitioner, learned Judge, Family Court granted maintenance of Rs. 1,500/- for each of respondent No. 1 and respondent No. 2 to be paid by the petitioner being the wife and minor son respectively of the petitioner herein commencing from 01.09.2013 by an order dated 05.09.2013 passed in Misc. 269 of 2021.
3. In the meantime, the marriage between the petitioner and respondent No. 1 had been dissolved by a decree of divorce passed in T.S. (Divorce) 01 of 2014 dated 08.05.2015 by learned Judge, Family Court, Agartala. But the ord
Modification of maintenance orders requires substantial evidence of changes in financial circumstances, with the burden of proof on the petitioner.
Court upheld the Family Court's order for maintenance, asserting that relationship status cannot be reassessed during execution proceedings while allowing the petitioner to reclaim if identity fraud ....
Maintenance orders require a proper reasoned basis that justifies the award, particularly in relation to the parties' financial circumstances.
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
: FIXATION OF MONTHLY MAINTENANCE - First respondent as well as the revision petitioner are financially sound- Educational expenses of the respondents 2 and 3, status of the parties and the present e....
The main legal point established in the judgment is the determination of maintenance under Section 125 Cr.P.C. for the wife and minor child, and the court's discretion to enhance the maintenance base....
The failure to prove allegations of adultery and paternity can make a party liable to pay maintenance under Section 125 of Cr.P.C.
The court ruled that maintenance must reflect the full financial capacity of the respondent, ensuring adequate support for the petitioner and minor child, and should be awarded from the date of filin....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
In maintenance proceedings, evidence must be evaluated in the broader context of survival, with emphasis on the obligation of the husband to provide for his wife and children, regardless of technical....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
