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T. AMARNATH GOUD
Piplu Ghosh – Appellant
Versus
Archana Das – Respondent
| Table of Content |
|---|
| 1. petition filed for maintenance review. (Para 1) |
| 2. petitioner's claim of no relationship with respondent. (Para 3 , 4 , 5) |
| 3. respondent's counterclaim of marriage and support. (Para 6 , 7 , 8) |
| 4. revision petition dismissed; maintenance upheld. (Para 9 , 11) |
| 5. court's consideration of marital status and relationship. (Para 10) |
JUDGMENT
T. Amarnath Goud, J. - This is a petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 and under Section 19(4) of FAMILY COURTS ACT , 1984 against the order of maintenance dated 30.07.2019 passed by the learned Addl. Judge, Family Court, Agartala, West Tripura in connection with Case No. Misc. 370 of 2018 directing the revision-petitioner to pay maintenance @ Rs. 10,000/- (Rupees Ten thousand only) per month to the opposite party for the purpose of maintaining herself within 10th day of every English Calendar month w.e.f. 01.08.2019.
2. Heard Mr. A Basak, learned counsel appearing for the petitioner as well as Mr. D. Datta, learned counsel appearing for the respondent.
3. Mr. Basak, learned counsel appearing for the petitioner herein submits that his client has no relationship with the respondent
A valid marriage is crucial for maintenance claims; suppression of previous marriage impacts entitlement, underpinning the obligation to support under the law.
A second marriage is void if the first marriage is still valid, and only a legally wedded wife is entitled to maintenance under Section 125 of Cr.P.C.
The main legal point established in the judgment is that a woman in the position of the petitioner, as the second wife, is entitled to maintenance under Section 125 of Cr.P.C. even if the husband sup....
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
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 ....
Point of Law : The principles of Hindu Personal Law have developed in an evolutionary way out of concern for all those subject to it so as to make fair provision against destitution. The manifest pur....
Point of law: in the absence of material to show that the respondent's alieged first marriage with Smt. Prameela said to have taken place in 1974 was to the knowledge of the petitioner in the Family ....
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