ANJU GARG & ANR versus DEEPAK KUMAR GARG

ANJU GARG & ANR versus DEEPAK KUMAR GARG

The Family Court and High Court erred in disbelieving the unchallenged evidence of the appellant-wife; the respondent being able-bodied and having sufficient means had a sacrosanct duty to maintain his wife and minor child, and therefore the wife is entitled to maintenance; respondent is directed to pay Rs.10,000 per month to the appellant-wife from the date of filing the maintenance petition, over and above the Rs.6,000 per month previously granted to the son, with arrears to be deposited in the Family Court within eight weeks.

Parties
Appellant: Anju Garg; Appellant: Rachit Garg; Respondent: Deepak Kumar Garg
Jurisdiction
India
Judgment Date
28 September 2022
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Maintenance Under Section 125 Cr.p.c., Maintenance Allowance, Duty of Husband to Maintain Wife and Children
Criminal Procedure Family Law Maintenance Under Section 125 Cr.p.c. Maintenance Allowance Duty of Husband to Maintain Wife and Children

Case Brief

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Parties

Anju Garg

Appellant

Rachit Garg

Appellant

Deepak Kumar Garg

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the wife is entitled to maintenance under Section 125 Cr.P.C.
  2. 2 Whether the respondent had sufficient means and was able-bodied to maintain the appellants
  3. 3 Whether the Family Court and High Court erred in rejecting the wife's maintenance claim despite unchallenged evidence

Ratio Decidendi

The Family Court and High Court erred in disbelieving the unchallenged evidence of the appellant-wife; the respondent being able-bodied and having sufficient means had a sacrosanct duty to maintain his wife and minor child, and therefore the wife is entitled to maintenance; respondent is directed to pay Rs.10,000 per month to the appellant-wife from the date of filing the maintenance petition, over and above the Rs.6,000 per month previously granted to the son, with arrears to be deposited in the Family Court within eight weeks.

Court Disposition

Appeal allowed

Orders

  • Respondent shall pay maintenance of Rs.10,000 per month to the appellant-wife from the date of filing of her Maintenance Petition before the Family Court.
  • The Rs.10,000 per month is over and above the maintenance allowance of Rs.6,000 per month already granted by the Family Court to the son.