T. AMARNATH GOUD
Mousumi Akter – Appellant
Versus
Md. Ikbal Hossain – Respondent
JUDGMENT
1. The present revision petition is filed under Section 397 & 401 of the Code of Criminal Procedure, 1973 read with Section 19 of the Family Court Act 1984, against the impugned judgment and order dated 04.04.2022 passed by the learned Addl. Judge, Family Court, West Tripura in connection with Case No. Criminal Misc. No.406 of 2018, wherein the learned Addl. Judge, Family Court passed an order directing the respondent to pay maintenance of Rs.10,500/- every month to the revision petitioner.
2. The prosecution story, in brief, is that marriage between the petitioner-wife and respondent-husband was solemnized on 11.12.2005 as per Muslim rites and customs, in presence of the parents, relatives, and friends of both sides. Out of their wedlock, they gave birth to a female child on 11.09.2009. After that, the respondent-husband got a job offer as a Constable from Tripura police and he joined police training at the KTDS Police Training Academy. After the completion of the training period, the respondent-husband joined at Unakoti District. At that period, he started avoiding his wife as well as her minor daughter. When the respondent-husband came back home on leave, the petitioner
The court affirmed the maintenance amount of Rs.10,500 as just and proper, finding no evidence to support the petitioner's claim for a higher amount amidst financial considerations.
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....
A husband has a legal obligation to maintain his wife and children, which cannot be ignored despite personal hardships or the wife's income capacity.
: 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....
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 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....
The main legal point established in the judgment is the court's discretion in determining the appropriate amount of maintenance under Section 125 of the Criminal Procedure Code based on the evidence ....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
Parents have a primary duty to financially support their children, prioritizing child welfare over other familial obligations.
A husband is legally obligated to maintain his wife and child, and claims of desertion must be substantiated to deny such maintenance.
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