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1 - 8 of 8 (0.22 seconds)Chaturbhuj vs Sita Bai on 27 November, 2007
12. Law relating maintenance as provided by Section 125 Cr.P.C. is based on social justice as well as on humanitarian ground, whereby, the husband/father is legally bound to maintain his wife and children according to his status and capacity. Hon'ble Supreme Court in Chaturbhuj vs. Sita Bai (2008) 2 SCC 316, while dismissing the appeal filed by appellant (Husband) and discussing the legal position in this regard as held as under:-
Captain Ramesh Chander Kaushal vs Mrs. Veena Kaushal And Ors. on 22 August, 1978
"6. 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 themselves and who have a moral claim to support. The phrase "unable to maintain herself" in the instant case would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow. Section 125 Cr.P.C. 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. Mrs. Veena Kaushal and Ors. 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 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 and Ors.
Bhagwan Dutt vs Kamla Devi And Anr on 17 October, 1974
In Bhagwan v. Kamla Devi it was observed that the wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family. The expression "unable to maintain herself" does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 Cr.P.C."
Article 39 in Constitution of India [Constitution]
Abdul Salim vs Smt. Najima Begum And Anr. on 31 August, 1979
11. Upon considering the evidence and material on record produced by both parties, the learned Judge, Family Court while placing reliance upon Abdul Salim vs. Smt. Najima Begum (1980) Cr.L.J. 232; Ashok Kumar vs. Additional Sessions Judge, Varanasi (1991) ALJ 925 and Mithlesh Kumari vs. Bindhawasani (1989) ALJ 443, allowed the maintenance application filed by the applicant and granted the maintenance as above.
Ashok Kumar Shukla vs Additional District And Sessions ... on 7 May, 1999
11. Upon considering the evidence and material on record produced by both parties, the learned Judge, Family Court while placing reliance upon Abdul Salim vs. Smt. Najima Begum (1980) Cr.L.J. 232; Ashok Kumar vs. Additional Sessions Judge, Varanasi (1991) ALJ 925 and Mithlesh Kumari vs. Bindhawasani (1989) ALJ 443, allowed the maintenance application filed by the applicant and granted the maintenance as above.
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