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july 2008

Supreme Court of India · 2008-07-28

Shail Kumari Devi & Anr vs Krishan Bhagwan Pathak @ Kishun B Pathak

Citation / case number
AIR 2008 SUPREME COURT 3006
Court
Supreme Court of India
Petitioner
Shail Kumari Devi & Anr
Respondent
Krishan Bhagwan Pathak @ Kishun B Pathak
Author
C.K. Thakker
Bench
D.K. Jain, C.K. Thakker

Judgment text excerpt

The Supreme Court addressed the issue of maintenance under Section 125 of the Code of Criminal Procedure, 1973, holding that the Family Court's determination of maintenance amounts was justified based on the respondent's income. The Court found that the High Court erred in reducing the maintenance amounts and altering the effective date of payment, emphasizing that maintenance should be awarded from the date of application. The Court restored the Family Court's order for maintenance of Rs.2,000/- for the wife and Rs.1,000/- for the daughter, affirming the principle that maintenance is a right of the wife and child.

Shail Kumari Devi & Anr vs Krishan Bhagwan Pathak @ Kishun B Pathak · Niyam