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A. V. RAVINDRA BABU
Seeram Chandra Mohan @ Mohan – Appellant
Versus
Seeram Sridevi – Respondent
ORDER :
This is a Criminal Revision Case is filed on behalf of the petitioner, who is the respondent in M.C.No.12 of 2008, on the file of the Judge, Family Court, East Godavari at Rajahmundry, questioning the order, dated 07.07.2008 in M.C.No.12 of 2008 where under the learned Judge, Family Court, East Godavari at Rajahmundry, allowed the maintenance case filed by the petitioners therein directing the respondent therein, who is the petitioner herein, to pay a sum of Rs.1,000/- per month to each petitioners i.e., Rs.2,000/- P.M. in total, towards their maintenance allowance from the date of filing of the petition and further directed to pay the said maintenance allowance to the petitioners on or before 10th of every month without fail.
2. The parties to this Criminal Revision Case will hereinafter be referred as described before the learned Judge, Family Court, East Godavari at Rajahmundry, for the sake of convenience.
3. The petitioners in the Maintenance Case No.12 of 2008 filed the same under Section 125 of Code of Criminal Procedure (“Cr.P.C.” for short) before the Judge, Family Court, East Godavari at Rajahmundry, seeking to give direction to the respondent therein to pay Rs.2,000
The central legal point established in the judgment is that the petitioners must prove neglect and the respondent's means to maintain them to succeed in a maintenance case under Section 125 of Cr.P.C....
A husband is liable to pay maintenance to his wife and child if the wife is unable to maintain herself and the husband has sufficient means to maintain them.
A father is liable to pay maintenance to his minor child, even if the child is in the custody of the mother, if he has neglected to maintain the child and has the means to do so.
A divorced woman is entitled to claim maintenance under Section 125 Cr.P.C., as per Explanation (b) to the section, which includes divorced women as wives.
A wife is entitled to maintenance from her husband if she is unable to maintain herself and the husband has sufficient means to provide maintenance.
The court upheld a maintenance order, affirming that maintenance under S. 125 CrPC is intended to prevent vagrancy, and quantum is determined by reasonable living costs and the status of parties, pro....
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