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HIGH COURT OF JHARKHAND
NEERAJ JAIN ALIAS NIRAJ – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 533 of 2025 Neeraj Jain @ Niraj, aged about 46 years, son of Late Nirmal Jain, resident of 51/1, Athai, Village Athai, Tehsil Damoh, P.O. Athai, P.S. Athai, District- Damoh, State- Madhya Pradesh, presently residing at Purana Bazar No.1, Mahaveer Ward 22, Seth Singhai Mandir ke Baju se Damoh, P.O. Damoh, P.S. Damoh, District Damoh, State Madhya Pradesh.
..... … Petitioner Versus
1. The State of Jharkhand.
2. Rupa Kumari, wife of Neeraj Jain @ Niraj, daughter of Shiv Goswami;
3. Devansh Jain, son of Neeraj Jain @ Niraj, aged about 10 years;
Opposite party no. 2 and 3 are permanent residents of 51/1, Athai, Village Athai, Tehsil Damoh, P.O.-Athai, P.S. Athai, District- Damoh, State- Madhya Pradesh, presently residing at Tank Road, Mango, P.O.- Mango, P.S.- Mango, District- East Singhbhum. Town-
Jamshedpur.
..... … Opposite Parties --------
CORAM : HON’BLE MR. JUSTICE SANJAY K
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....
A husband is legally obligated to maintain his wife and children under Section 125 Cr.P.C., and claims of financial incapacity must be supported by credible evidence; failure to do so can result in t....
The right to maintenance under Section 125 CrPC is a personal right that can be claimed by legal heirs after the death of the entitled party, and the obligation to pay maintenance is based on the hus....
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial 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.
A wife is not entitled to maintenance under Section 125 of the CrPC if she is living separately from her husband without sufficient reason, while the obligation to maintain children remains absolute.
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