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Supreme Court of India 2017-07-03 allowed

Kamlesh alias Kavita vs State of Uttar Pradesh and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A wife employed as an anganwadi worker sought maintenance from her husband under Section 125 of the Criminal Procedure Code. The Family Court initially awarded her Rs. 1,500 monthly maintenance plus Rs. 500 for her minor son. However, the High Court dismissed her revision application, reasoning that her employment meant she could support herself. The Supreme Court held that the High Court erred by ignoring that her earnings were grossly insufficient for basic livelihood. The Court restored the Family Court's maintenance order, affirming that a husband cannot escape his statutory obligation to maintain his wife and child merely because she has some inadequate income."

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Criminal Procedure Family Law Maintenance Maintenance of Wife and Child

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