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T. AMARNATH GOUD
Sambhu Charan Jamatia – Appellant
Versus
Premkanya Jamatia – Respondent
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. Asutosh De, learned counsel appearing for the Petitioner.
2. This present criminal revision petition has been filed under Section-19 of the FAMILY COURTS ACT , 1984 against the judgment and order passed on 26.02.2021 in connection with Crl. Misc. No. 20 of 2019, whereby and whereunder, the learned Judge, Family Court, Sepahijala, Tripura, directed to pay maintenance of Rs. 9,000/- per month to the respondent herein and two others who are minors. Also, directed that the maintenance allowance should be paid all and well, within 7 days of every English calendar month.
3. The facts which set the criminal law in motion, in short, are that the respondent-wife got married to the petitioner about 12 years ago from the date of filing this case according to Hindu rites and customs. At the time of marriage, as per demand of the petitioner, the father of the respondent gifted Rs. 50,000/-, 3 vories of gold ornaments, furnitures and other valuable articles to the petitioner-husband and altogether the father of the respondent-wife spent more than Rs. 3 lakhs. Subsequently, out of wedlock, she gave a birth two male children, namely, Suraj Jamatia (11 years)
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....
Maintenance orders require a proper reasoned basis that justifies the award, particularly in relation to the parties' financial circumstances.
A wife is entitled to maintenance when separated from her husband for justified reasons, reflecting her dependency, particularly while caring for a child.
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....
Maintenance must be reasonable based on payer's financial situation while ensuring adequate support for dependents.
The main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
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 ....
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.
Modification of maintenance orders requires substantial evidence of changes in financial circumstances, with the burden of proof on the petitioner.
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