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1 - 10 of 30 (0.94 seconds)The Right to Information Act, 2005
The Protection of Women from Domestic Violence Act, 2005
The Code of Criminal Procedure, 1973
Bhuwan Mohan Singh vs Meena & Ors on 15 July, 2014
8.6 At this juncture, the decision of the Apex
Court rendered in the case of Bhuwan Mohan
Singh v. Meena and others, reported in AIR
2014 SC 2875, requires a reference, wherein
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the Apex Court has held and observed that
giving maintenance is not for animal living. It
would be profitable to quote the relevant
findings of the said decision, which read as
under :
Shamima Farooqui vs Shahid Khan on 6 April, 2015
8.7 An unfortunate event must not make her
plight miserable and send her from pillar to
post arranging for her sustenance. The Apex
Court in a decision rendered in the case of
Shamima Farooqui v. Shahid Khan, reported in
(2015) 5 SCC 705, has at length considered the
plight of the women asking for maintenance
under the distress. It would be profitable to
reproduce some of the relevant findings and
observations of the said decision, which read
as under :
Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors on 27 August, 1997
There can be no shadow of doubt that an
order under Section 125 CrPC can be passed
if a person despite having sufficient means
neglects or refuses to maintain the wife.
Sometimes, a plea is advanced by the husband
that he does not have the means to pay, for
he does not have a job or his business is
not doing well. These are only bald excuses
and, in fact, they have no acceptability in
law. If the husband is healthy, able bodied
and is in a position to support himself, he
is under the legal obligation to support his
wife, for wife's right to receive
maintenance under Section 125 CrPC, unless
disqualified, is an absolute right. While
determining the quantum of maintenance, this
Court in Jabsir Kaur Sehgal v. District
Judge Dehradun & Ors. has held as follows:
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"The court has to consider the status of the
parties, their respective needs, the
capacity of the husband to pay having regard
to his reasonable expenses for his own
maintenance and of those he is obliged under
the law and statutory but involuntary
payments or deductions. The amount of
maintenance fixed for the wife should be
such as she can live in reasonable comfort
considering her status and the mode of life
she was used to when she lived with her
husband and also that she does not feel
handicapped in the prosecution of her case.
At the same time, the amount so fixed cannot
be excessive or extortionate."
Chaturbhuj vs Sita Bai on 27 November, 2007
In Chaturbhuj v. Sita Bai, it
has been ruled that :
"Section 125 CrPC is a measure of social
justice and is specially enacted to protect
women and children and as noted by this
Court in Captain Ramesh Chander Kaushal v.
Veena Kaushal falls within constitutional
sweep of Article 15(3) reinforced by Article
39 of the Constitution of India. It is meant
to achieve a social purpose. The object is
to prevent vagrancy and destitution. It
provides a speedy remedy for the supply of
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food, clothing and shelter to the deserted
wife. It gives effect to fundamental rights
and natural duties of a man to maintain his
wife, children and parents when they are
unable to maintain themselves.
Captain Ramesh Chander Kaushal vs Mrs. Veena Kaushal And Ors. on 22 August, 1978
In Chaturbhuj v. Sita Bai, it
has been ruled that :
"Section 125 CrPC is a measure of social
justice and is specially enacted to protect
women and children and as noted by this
Court in Captain Ramesh Chander Kaushal v.
Veena Kaushal falls within constitutional
sweep of Article 15(3) reinforced by Article
39 of the Constitution of India. It is meant
to achieve a social purpose. The object is
to prevent vagrancy and destitution. It
provides a speedy remedy for the supply of
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food, clothing and shelter to the deserted
wife. It gives effect to fundamental rights
and natural duties of a man to maintain his
wife, children and parents when they are
unable to maintain themselves.
Savitaben Somabhai Bhatiya vs State Of Gujarat And Ors on 10 March, 2005
The aforesaid
position was highlighted in Savitaben
Somabhai Bhatiya v. State of Gujarat." This
being the position in law, it is the
obligation of the husband to maintain his
wife. He cannot be permitted to plead that
he is unable to maintain the wife due to
financial constraints as long as he is
capable of earning.