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M. S. JAWALKAR, M. W. CHANDWANI
Sahil Sanjay Rathod – Appellant
Versus
Swati Sahil Rathod – Respondent
JUDGMENT
M.S. Jawalkar, J.—Admit. Heard finally by consent of learned Counsel for the Appellant and the Respondent in person.
2. By all these matters, the Appellant-Husband is challenging the common judgment and order dated 30/08/2024 passed by the learned Judge, Family Court, Yavatmal in Petition No. A-126/2022 (for restitution of conjugal rights), Petition No. C-4/2022 (for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956) and Petition No. E-74/2022 (for maintenance under Section 125 of the Code of Criminal Procedure, 1973) filed by the Respondent-Wife by which all the Petitions were allowed, the Respondent-Wife was directed to resume cohabitation with the Appellant - Husband and the Appellant-Husband was directed to pay maintenance of Rs. 20,000/- per month to the wife in each Petition for maintenance.
3. Since Family Court Appeal No. 57/2024 is treated as main matter, the facts and contentions stated in the said Appeal are set out for adjudication of the issues involved in all the matters and they are being decided by this common judgment.
4. The facts giving rise for filing of the present matters are as under:-
5. The Appellant is the husband of the
Maintenance – Quantum of maintenance must be based on proper evidence.
A wife who voluntarily separates from her husband without sufficient cause is not entitled to maintenance under Section 125(4) of the Code of Criminal Procedure.
Award of maintenance – Wife is not entitled for maintenance where she has been refusing to reside with her husband without any reason.
Point of Law : It is settled that maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wife and children for their financial support; so as to prevent th....
Maintenance – Ready to take care of child - Merely because the Revision Petitioner is the father of the child and is ready to take care of his child, would not permit him to discontinue the 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....
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....
Providing maintenance requires proof of the wife's inability to support herself; unsubstantiated claims do not merit legal relief.
The main legal point established in the judgment is the requirement for specific evidence of cruelty and the impact on the mental and physical health of the parties to prove grounds for divorce under....
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