IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. Ravindra Babu, J.
Jeldi Priyadarsini – Petitioner
Versus
Jeldi Ramesh – Respondent
Criminal Revision Case No.1918 of 2008
Decided On : 27-01-2023
Criminal Procedure Code,1973 - Section 125 , 397 and 401 Indian Penal Code,1860 - Section 498-A r/w 34 - Offence of Harassment and cruelty to women - Maintenance - Marriage of first petitioner and respondent was performed - At that time, parents of first petitioner gave dowry of Rs.5,00,000/- to the respondent and his parents in presence of elders and maternal uncle of first petitioner by name - Parents also presented 3 sovereigns of bracelet and a gold ring weighting 1 sovereign to respondent - They also presented household articles worth about Rs.1,50,000/- to respondent- They also presented gold ornaments weighing about 20 sovereigns to first petitioner - First petitioner joined with respondent at their house situated at 3rd lane - Again respondent and his family members reiterated their demand for additional dowry - Whether impugned order, dated 30.10.2008 in M.C.No.16 of 2008 of learned Judge, Family Court, Guntur, suffers with any illegality, irregularity and impropriety and whether there are any grounds to interfere with such an order? - Held, there is no dispute that second petitioner as on date of filing of maintenance case was aged about 5 months - Contest of respondent did not mean that he has taken care to look after second petitioner well - Evidence on record does not show that he taken in minimum care so as to provide any maintenance to minor child - So, a legal obligation is cast upon respondent to maintain second petitioner, who is no other than his child - There is no dispute that respondent was in job - He filed Ex.B.2 to show that he resigned from job - It is to be noticed that petitioners in their petition prayed to award maintenance of Rs.3,000/- per month each to them -As seen from order of learned Judge, Family Court, Guntur, awarded monthly maintenance of Rs.2,000/- to the second petitioner - Court is of the considered view that finding arrived at by learned Judge, Family Court, insofar as first petitioner is concerned is on reasonable basis and order impugned cannot be said to be illegal or irregular or impropriety - Criminal Revision Case is allowed in part
ORDER :
This Criminal Revision Case is filed by the petitioners under Section 397 and 401 of Code of Criminal Procedure (“Cr.P.C.” for short), who are the petitioners in M.C.No.16 of 2008, filed under Section 125 of Cr.P.C., on the file of Judge, Family Court, Guntur, questioning the order, dated 30.10.2008, whereunder the learned Judge, Family Court, Guntur, declined to grant maintenance to the first petitioner, but, granted monthly maintenance of Rs.2,000/- in favour of the second petitioner payable by the respondent.
2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.
3. The case of the petitioners in M.C.No.16 of 2008, filed under Section 125 of Cr.P.C., according to the averments in the petition, in brief, is as follows:
The court emphasized the importance of proving the relationship between the parties and the birth of the child in maintenance cases, applying a broad interpretation of the term 'wife' and considering....
Strict proof of marriage is not required in a maintenance proceeding under Section 125 of Cr.P.C.
The legal principle established is that a husband has a duty to maintain his wife and children, and failure to provide adequate evidence of financial hardship can result in the court awarding mainten....
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.
Providing maintenance requires proof of the wife's inability to support herself; unsubstantiated claims do not merit legal relief.
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....
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
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