AI Overview...
Chaturbhuj Sita Bai Case Law Summary
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Legal Principle - Entitlement to Maintenance: The case of Chaturbhuj v. Sita Bai (2008) SCC 316 established that an able-bodied husband is legally obliged to maintain his wife if she is unable to maintain herself, under personal law and statutory provisions (Section 125 Cr.P.C.) Laljee Yadav VS State of Bihar - Patna.
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Scope of Section 125 Cr.P.C.: The Supreme Court emphasized that proceedings under Section 125 are summary in nature and serve as a social measure to ensure the maintenance of wives, children, and parents, reinforcing the wife's right to maintenance irrespective of her personal capacity if she cannot sustain herself Reema Salkan VS Sumer Singh Salkan - Delhi, Chanchal Mehta VS Supriya Mehta - Punjab and Haryana.
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Burden of Proof and Legal Standards: The Court clarified that the burden lies on the husband to prove his inability to pay, and the court should consider the financial capacity of the husband and the needs of the wife, ensuring her legitimate rights are protected Urmila Tiwari VS Chandrika Prasad Tiwari - Madhya Pradesh.
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Impact on Family Law and Personal Laws: The judgment reinforced that personal laws and statutory provisions collectively impose a duty on the husband to maintain his wife, especially when she is unable to do so herself, aligning with constitutional protections and social justice principles Reema Salkan VS Sumer Singh Salkan - Delhi, Suman Kumari @ Sumon Kumari VS State of Bihar - Patna.
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Judicial Precedents and Reinforcements: The case references multiple precedents, including Jagdish Jugtawat and others, to underline the importance of maintaining the wife and the court’s role in ensuring justice in maintenance disputes Suman Kumari @ Sumon Kumari VS State of Bihar - Patna, Sheuli Begam, W/o Md. Kanu Miah VS Md. Kanu Miah S/o Md. Ahad Miah - Tripura.
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Legal Significance: The decision in Chaturbhuj v. Sita Bai is pivotal in affirming the rights of women to maintenance under criminal and family law, emphasizing that the law aims to protect vulnerable spouses from neglect and abandonment Reema Salkan VS Sumer Singh Salkan - Delhi, Chanchal Mehta VS Supriya Mehta - Punjab and Haryana.
Analysis and Conclusion
The Chaturbhuj v. Sita Bai case is a landmark judgment reaffirming that under Section 125 Cr.P.C., an able-bodied husband has a duty to maintain his wife if she is unable to sustain herself. The judgment underscores the importance of protecting women's rights to maintenance, considering their needs and the husband's capacity, and clarifies procedural aspects of maintenance claims. This case continues to serve as a key authority in family law, emphasizing social justice and constitutional protections for women Laljee Yadav VS State of Bihar - Patna, Reema Salkan VS Sumer Singh Salkan - Delhi.
References: - Chaturbhuj v. Sita Bai, AIR 2008 SC 530 - Chaturbhuj v. Sita Bai, (2008) 2 SCC 316 - Various case law citations reinforcing the principles of maintenance under Section 125 Cr.P.C.
Search Results for "Chaturbhuj Sita Bai Case Law"
2018 0 Supreme(Del) 3107 • India - Delhi
I.S.MEHTA
Fact of the Case: Petitioner-wife filed a petition under Section 125 Cr.P.C. for grant of maintenance from her husband-respondent ... MAINTENANCE - WIFE - ENTITLEMENT - ABLE-BODIED HUSBAND - DUTY TO MAINTAIN WIFE - WIFE UNABLE TO MAINTAIN HERSELF - PERSONAL LAW ... the husband being an able-bodied person is duty bound to maintain his wife who is unable to maintain herself under the personal law ... in the case of #HL_STA....
2011 0 Supreme(Pat) 1981 • India - Patna
NAVANITI PRASAD SINGH, ASHWANI KUMAR SINGH
Maintenance - Release from Custody - Criminal Procedure Code, 1973 - Section 125 (3) Fact of the Case: The petitioner ... We may refer to the judgment of the Apex Court in the case of Chaturbhuj v. ... Sita Bai, AIR 2008 SC 530, the relevant part of which is quoted hereunder:" ... “6 Under ... With due respect, we do not think that the law is what the learned, Principal Judge, Family Co....
2012 0 Supreme(Pat) 602 • India - Patna
AHSANUDDIN AMANULLAH
The court also considered relevant case laws such as Chaturbhuj vs. Sita Bai, Jagdish Jugtawat vs. ... Maintenance - Family Law - Code of Criminal Procedure, 1973, Section 127 - 125 - 127 - The court discussed the provisions of Section ... Fact of the Case: The husband challenged the enhancement of monthly maintenance from Rs. 100 to Rs. 3000 for the wife ... In support of the contenti....
2019 0 Supreme(Tri) 28 • India - Tripura
ARINDAM LODH
(MD) No.180 of 2014, Chaturbhuj Vs. Sita Bai Manu/SC/8141/2007, Shamina Farooqui Vs. Shahid Khan MANU/SC/0380/2015, Badshah Vs. ... Maintenance - Family Law - Section 125 of Cr.P.C., Section 498A of IPC - T. Vimala and ors. Vs. Ramakrishnan Crl.R.C. ... Fact of the Case: The petitioner-wife sought maintenance for herself and her son from her husband, who had deserted ... In Chaturbhuj ....
• India - Madhya Pradesh
V.P.S.CHAUHAN
Maintenance - Family Law - Section 125 of the Cr.P.C. - [125 of the Cr.P.C.] - The court discussed the provisions of Section 125 ... Fact of the Case: The applicant, a husband, filed a revision against the order of the Family Court directing him to ... Hon’ble Supreme Court in the case of Chaturbhuj Vs. ... of Chaturbhuj Vs. ... Sita Bai reported in (2008) 2 SCC, 316 ....
2016 0 Supreme(P&H) 2599 • India - Punjab and Haryana
DAYA CHAUDHARY
needs of wife keeping in view the paying capacity of her husband legitimate right of the wife, which should not be denied-- 2014(2) Law ... The legal position reiterating the object of Section 125 Cr.P.C. has been observed by Hon’ble the Apex Court in the case of Chaturbhuj ... Sita Bai 2008 (1) RCR (Criminal) 163, which is reproduced as under:- ... “Section 125 CrPC is a measure of social ... Seema Dahi....
2009 0 Supreme(Del) 728 • India - Delhi
V.K.SHALI
. - [Chaturbhuj Vs. Sita Bai 2007 (13) Scale 402, Delhi Lotteries Vs. Rajesh Aggarwal 1997 VI AD (Delhi) 529, Krishnan & Anr. ... Fact of the Case: The petitioner filed a petition challenging the order for interim maintenance under Section 125 of ... The learned counsel for the petitioner had also placed reliance on the case titled Chaturbhuj Vs. ... These authorities are as follows: ....
2022 0 Supreme(Pat) 357 • India - Patna
RAJEEV RANJAN PRASAD
Sita Bai, (2008) 2 SCC 316 – Relied. ... (Paras 9 to 13) Rajnesh Versus Neha and Another, (2021)2SCC 324 ; Chaturbhuj V. ... reinforced by Article 39 of Constitution – Proceeding under Section 125 Cr.P.C. is a summary proceeding and in such proceeding case ... This Court is a constitutional Court and their Lordships have held in the case of Chaturbhuj Vs. ... Sita #HL_....
2008 0 Supreme(MP) 852 • India - Madhya Pradesh
RAKESH SAKSENA
In Chaturbhuj v. ... Sita Bai [2008 (2) JLJ 70 = (2008) DMC 22 (SC)], it was held that under the law the burden is placed in ... The facts of the case were, therefore, similar to the facts of the case of Kamla Bai v.
• India - Bench at Nagpur
G.A. SANAP, J
(Paras 10, 14) ... ... Facts of the case: ... The petitioner filed for the challenge of an order ... In the case of Chaturbhuj Vs. ... of Chaturbhuj Vs. ... Sita Bai , reported at (2008) 2 SCC 316 .
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