AI Overview...
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Legal Obligation of Support - The Supreme Court in Chaturbhuj v. Sita Bai (2008) 2 SCC 316 reaffirmed that the primary purpose of maintenance proceedings under Section 125 Cr.P.C. is to prevent vagrancy by ensuring support to those unable to maintain themselves, emphasizing the natural duty of a husband to support his wife and children. The proceedings are meant as a measure of social justice, not punishment for past neglect. Paramesh Debbarma VS Bulti Debbarma - Tripura, Mehatlal VS Imla Alias Seema - Madhya Pradesh, Rayees Khan VS Jahida Bi - Madhya Pradesh
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Scope and Nature of Proceedings - Maintenance cases are summary in nature, aimed at quick relief, and not intended for lengthy trials. The Court highlighted that even divorced wives are entitled to maintenance from the date of divorce decree, and a wife with personal income but insufficient support can claim maintenance. The proceedings are constitutional and designed to uphold social justice principles. Paramesh Debbarma VS Bulti Debbarma - Tripura, Minakshi Bhowmik Nee Naskar VS Purandar Bhowmik - Calcutta, Bibi Sabina Khatoon @ Sabina Khatoon VS Md. Irshad - Patna
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Legal Principles and Precedents - The Court relied on established precedents including Ganesan (1999), Sumita Kachwaha, and others, to reinforce that the obligation to pay maintenance persists regardless of the husband's income if the wife or children are unable to support themselves. The expression unable to maintain herself in Section 125 is interpreted broadly to include cases where the claimant’s income is insufficient. Satyaki Sen VS State Of West Bengal - Calcutta, Sheuli Begam, W/o Md. Kanu Miah VS Md. Kanu Miah S/o Md. Ahad Miah - Tripura, Ajit Singh VS Kanwarjit Kaur - Punjab and Haryana
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Objective of Maintenance Proceedings - The core aim is social justice and preventing vagrancy, not penalizing past conduct. The Court emphasized that maintenance is a constitutional right, and the proceedings should be expedited to provide timely relief. The Court also highlighted that the obligation is continuous and cannot be escaped merely by proving sufficient means. Mehatlal VS Imla Alias Seema - Madhya Pradesh, Md. Rahamat Ali VS Jairunnessa - Gauhati, Paramesh Debbarma VS Bulti Debbarma - Tripura
Analysis and Conclusion:
The legal proceedings between Chaturbhuj and Sita Bai center on the husband's obligation to support his wife under Section 125 Cr.P.C. The Supreme Court's rulings underscore that maintenance is a social justice measure, not punitive, and applies regardless of the husband's income if the wife or children are unable to support themselves. The proceedings are summary, aimed at swift justice, and uphold constitutional rights. The Court has consistently reiterated that the obligation to maintain is a natural duty and cannot be negated solely by proof of sufficient means. Paramesh Debbarma VS Bulti Debbarma - Tripura, Mehatlal VS Imla Alias Seema - Madhya Pradesh, Minakshi Bhowmik Nee Naskar VS Purandar Bhowmik - Calcutta
Search Results for "Legal Proceedings Chaturbhuj against Sita Bai"
2014 0 Supreme(Tri) 391 • India - Tripura
S.C.DAS
Anushree Halder and Chaturbhuj v. Sita Bai. ... The court emphasized the objective of maintenance proceedings and the responsibility of the husband to provide support to the deserted ... .] - The court discussed the provisions of Section 125 of Cr.P.C. and the legal principles established in the cases of Deb Narayan ... Anushree Halder (Smt.), reported in : (2003) 11 SCC 303 and Chaturbhuj v. Sita Bai, reported in : (2008) 2 SCC 316. ... 8. Learned c....
2014 0 Supreme(MP) 1462 • India - Madhya Pradesh
SUBHASH KAKADE
In Chaturbhuj vs. ... Sita Bai (2008) 2 SCC 316, the Apex Court observed as follows:- ... “The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support ... ... In the light of above discussed legal position the object of the maintenance proceedings is clear that it is a measure of social justice to give effect to natural duties of a man to maintain his wi....
2022 0 Supreme(Cal) 521 • India - Calcutta
AJOY KUMAR MUKHERJEE
The court also requested expedited final hearing of the maintenance proceeding. ... The court emphasized the legal obligation of the husband to support his wife and the aim of the maintenance provisions to prevent ... The court modified the maintenance amount to Rs. 6,000 per month, considering the legal obligation of the husband to support his ... In the case of Chaturbhuj Vs. Sita Bai, the Apex Court, reiterating the legal principle laid down in Section 125 of the ....
2014 0 Supreme(MP) 1454 • India - Madhya Pradesh
SUBHASH KAKADE
In Chaturbhuj vs. Sita Bai, (2008) 2 SCC 316, the Apex Court observed as follows:-- ... 13. ... In the light of above discussed legal position, the object of the maintenance proceedings is clear that it is a measure of social justice to give effect to natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves. ... The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compe....
2011 0 Supreme(Gau) 679 • India - Gauhati
A.C.UPADHYAY
The decision in Chaturbhuj v. Sita Bai (supra) cited by Ms. N. Guha, learned Counsel appearing for the Respondent-wife may not have direct bearing on the question, which has been posed in this revision petition for decision. ... The constitutional right and a legal right, apart, the principles of res judicata, which has been evolved in the criminal jurisprudence, cannot be given a go bye in the criminal proceedings. Though Ms. ... Guha, learned Counsel for the Respondent, has relied on a decision report....
2018 0 Supreme(Cal) 828 • India - Calcutta
JAY SENGUPTA
Ganesan (1999) 6 SCC 326, Chaturbhuj vs. Sita Bai (2008) 2 SCC 316, Sumita Kachwaha & Ors vs. ... Ratio Decidendi: The court relied on legal principles from Rajathi vs. C. Ganesan, Chaturbhuj vs. ... Sita Bai, and Sumita Kachwaha & Ors vs. Anil Kachwaha to support its decision. ... Ganesan, (1999) 6 SCC 326; (ii) Chaturbhuj vs. Sita Bai, (2008) 2 SCC 316; (iii) Sindhu P.A. vs. Viji P.K., 2008 12 RCR (Cri); (iv) Vi....
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. ... Ratio Decidendi: The court relied on various legal provisions and precedents to establish that the husband has a legal obligation ... In Chaturbhuj Vs. Sita Bai Manu/SC/8141/2007: (2008) 2 SCC 316, the Hon’ble Supreme Court has held that the expression ‘ unable to maintain herself’ in Section 125 of Cr.P.C. is required ....
2016 0 Supreme(P&H) 3162 • India - Punjab and Haryana
ANITA CHAUDHRY
Jagdev Singh, 2005(2) RCR (Criminal) 359 - Chaturbhuj v. ... Sita Bai 2008(1) RCR (Criminal) 163 Fact of the Case: The wife filed a petition under Section 125 Cr.P.C. seeking maintenance ... The court found that even a divorced wife was entitled to maintenance from the date of the decree of divorce, as per the settled legal ... Jagdev Singh, 2005(2) RCR (Criminal) 359 and Chaturbhuj v. Sita Bai 2008(1) RCR (Criminal) 163. ... 7. Admittedly, a decree of divorce had be....
2018 0 Supreme(P&H) 4049 • India - Punjab and Haryana
ANITA CHAUDHRY
of India in Chaturbhuj vs. ... Sita Bai, emphasizing that a wife having personal income, but not sufficient, can claim maintenance. ... .] - The court discussed the provisions of Section 125 Cr.P.C. and the legal principles established by the Hon'ble Supreme Court ... Even if the respondent is succeeded in proving that the petitioner has sufficient means, even then he cannot escape from his legal liability to maintain his wife and children. Moreover, it has been held by Hon'ble Supreme Court of India in....
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. ... under Section 125 Cr.P.C. is a summary proceeding and in such proceeding case is not to be conducted by way of a long drawn trial ... This Court is a constitutional Court and their Lordships have held in the case of Chaturbhuj Vs. Sita Bai reported in (2008) 2 SCC 316 that Section 125 Cr.P.C. falls within the constitutional s....
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