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july 2008

Supreme Court of India · 2008-07-28

SHAIL KUMARI DEVI vs KRISHAN BHAGWAN PATHAK @ KISHUN B PATHAK

Citation / case number
SC 2007/23855
Court
Supreme Court of India
Petitioner
SHAIL KUMARI DEVI
Respondent
KRISHAN BHAGWAN PATHAK @ KISHUN B PATHAK
Author
C.K. THAKKER
Bench
C.K. THAKKER,D.K. JAIN, , ,

Judgment text excerpt

The Supreme Court addressed the issue of maintenance under Section 125 of the Code of Criminal Procedure, 1973, emphasizing the obligation of a husband to maintain his wife and children. The Court held that the High Court's reduction of maintenance from Rs.2,000 to Rs.750 for the wife and from Rs.1,000 to Rs.750 for the daughter was unjustified, as it failed to consider the financial status of the husband and the needs of the appellants. The Court restored the Family Court's original maintenance order, ensuring the appellants receive adequate support.

SHAIL KUMARI DEVI vs KRISHAN BHAGWAN PATHAK @ KISHUN B PATHAK · Niyam