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2016 Supreme(Online)(Chh) 28

CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
Jethuram Sinha – Appellant
Versus
Smt. Sita Bai – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Samir Singh
For the Respondents: Mr. Manoj Paranjpe

Table of Content
1. factual basis for maintenance application due to financial dependency. (Para 2 , 3 , 4)
2. arguements on the right to claim maintenance based on financial ability. (Para 6 , 7)
3. confirmation of maintenance rights under s.125 despite application delay. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. court's enhancement of maintenance amount based on current financial standings. (Para 19 , 20)

1. Since common question of law and fact is involved in both the revisions, they are being heard analogously and are being decided by this common order.

2. Smt. Sita Bai - wife, filed an application under S.125 of the Cr. P.C. pleading inter alia that her marriage was solemnized with Jethuram Sinha in the year 1971 as per Hindu rites. She has further pleaded that she had earlier filed an application for maintenance which culminated into compromise in the year 1993 and her husband Jethuram is staying with one woman Neera Bai since 1980 and he has three sons with said Neera Bai. She has also pleaded that Jethuram has deserted her and failed to make payment as per the compromise entered into in the year 1993. Now, she is unable to maintain herself and her husband is getting Rs.


























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