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A. V. RAVINDRA BABU
Jeldi Priyadarsini – Appellant
Versus
Jeldi Ramesh – Respondent
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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