Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Proceedings Under Section 125 Cr.P.C. Are of a Summary Nature and Intended to Enable Destitute Wives and Children to Get Maintenance in a Speedy Manner – Allahabad High Court Enhances Maintenance in Light of Husband’s Income

07 May 2024 8:19 AM

By: Admin


 

In a significant judgment today, the Allahabad High Court addressed issues surrounding maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.), focusing on preventing vagrancy and ensuring financial support for wives and children who are unable to maintain themselves.

The revision petition arose from a dispute over maintenance initially awarded by the Family Court, Kanpur, which granted Rs. 5,000 per month to the wife and Rs. 3,000 per month to the daughter. The revisionists challenged the adequacy of the maintenance, citing the husband’s substantial income from his pharmaceutical business and other assets, including agricultural land.

The High Court meticulously reviewed the husband’s financial status, scrutinizing company revenues, profit shares, and his significant role as a director and major shareholder. Contrary to the claims of financial incapacity by the husband, the court noted a considerable income inconsistency with his declared earnings. The judgment referenced several Supreme Court rulings emphasizing the underlying purpose of Section 125 Cr.P.C.—to provide swift and necessary relief to prevent destitution among wives and children.

Income Review: The Court estimated the husband’s annual income at approximately Rs. 7,50,000 based on the profits and overall financial health of his company.

Maintenance Justification: Drawing on legal precedents, the Court highlighted that the capacity to earn is distinct from actual earnings and that maintenance should reflect realistic and current financial capabilities.

Educational Expenses: Special consideration was given to the daughter’s educational expenses, reinforcing the need for adequate support to ensure her continued education without disruption.

Concluding its findings, the High Court significantly increased the maintenance payments. The wife’s maintenance was set at Rs. 18,500 per month, and the daughter’s at Rs. 10,000 per month, effective from the date of the original maintenance application. The revised total monthly maintenance amount was ordered at Rs. 28,500. The judgment also specified a schedule for arrears and regular monthly payments, ensuring timely financial support.

 Date of Decision: April 10, 2024

Smt. Aparna Kushwaha And Another vs. State of U.P. and Another

 

Latest Legal News