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BISWAJIT PALIT
Jayeswar Namasudra – Appellant
Versus
Namita Sarkar – Respondent
JUDGMENT & ORDER
Biswajit Palit, J. - This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C is filed for setting aside/quashing the judgment and order dated 15.06.2023 passed by Learned Additional Judge, Family Court, West Tripura, Agartala in connection with Crl. Misc 128 of 2021.
2. Heard Learned Counsel Mr. K. Datta for the petitioner. At the time of hearing, Learned Counsel for the respondent is found to be absent.
3. Before conclusion of the case, let us see the subject matter of the proceeding before the Learned Court below. The OP wife Smt. Namita Sarkar submitted an application under Section 125 of Cr.P.C read with Section 7 of the Family Courts Act for granting her maintenance allowance from the petitioner-husband.
4. It was the case of the OP-wife that her marriage was solemnized with the petitioner-husband in the house of her brother on 02.12.2018 according to Hindu Marriage Rites and Customs. In the marriage, her brother gave different articles like wooden cot, freeze, Tea-Table, Alna, Sofa Set, Showcase, etc along with gold made ornaments like Earring, Necklace, and cash of Rs. 32,000/- to the petitioner-husband as per the demand. But within one
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
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....
The court reaffirmed that an able-bodied husband has a legal duty to maintain his wife and children, and maintenance should be based on actual income capacity.
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.
The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hi....
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
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