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BISWAJIT PALIT
Santanu Ghosh – Appellant
Versus
Shila Rani Ghosh – Respondent
JUDGMENT AND ORDER
Biswajit Palit, J. - Both the revision petitions are of common interest as such both the cases, taken up together for hearing and decision. Accordingly, by a common judgment both the revision petitions are disposed of.
2. Heard Mr. S. Lodh, Learned Counsel for the petitioner in connection with Crl. Rev. P. No.61 of 2023 and also heard Mr. Samarjit Bhattacharjee, Learned Counsel for the respondent-wife. Also heard Learned Addl. P.P., Mr. S. Ghosh for the State. Similarly, in the connected case Crl. Rev. P. No.8 of 2024, heard Mr. Samarjit Bhattacharjee, Learned Counsel for the petitioner-wife, Mr. S. Lodh, Learned Counsel for the respondent-husband.
3. Before conclusion of the case, let us discuss about the subject matter of the dispute amongst the rival parties for which both the revision petitions are filed before the High Court.
The petitioner-wife Shila Rani Ghosh for herself and also on behalf of the minor son Master Anuj Ghosh filed one application under Section 125 of Cr.P.C. for granting of monthly maintenance allowance to the petitioner and the minor son at the rate of Rs.15,000/-(fifteen thousand) per month against her husband.
4. The gist of the petition fil
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 judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
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 main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
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 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 court emphasized the husband’s duty to maintain an adequate standard of living for his ex-wife and child, reflective of his income and their necessities.
The applicant seeking for the relief under a particular provision must plead and establish that the exceptional circumstances which entitles her to claim monthly maintenance allowance, exist in his/h....
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