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“While deciding the main application under Section 144, Nagarik Suraksha Sanhita 2023, the Family Court should take into consideration the income and financial capacity of both parents and determine the amount of maintenance in a just and reasonable manner keeping in view the principle of shared parental responsibility and the welfare of the minor child.”
“The concept of moral obligation, howsoever compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate.”
“The Court is unable to accept the submission that mere employment or earning of the wife is, by itself, a ground to deny maintenance. The object of Section 125 CrPC is not merely to prevent destitution, but to ensure that the wife is able to live with dignity, consistent with the status of the husband.”
“Anupam Mittal could not be alleged to have committed any offence in his personal capacity.”