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A. V. RAVINDRA BABU
P. Raja Gopal, Kodur (sub-division), Kadapa – Appellant
Versus
State of A. P. , Rep. By P. P. , Hyderabad, And Otrs. – Respondent
JUDGMENT
A.V. Ravindra Babu, J. - The Criminal Revision Case is filed by the Revision Petitioner, who was the respondent in M.C.No.53 of 2008, on the file of Judge, Family Court, Kadapa, under Sections 397(1) and 401 of the Code of Criminal Procedure Code ('Cr.P.C.' for short), challenging the order, dated 12.01.2009, whereunder the learned Judge, Family Court, Kadapa, in maintenance case filed by the respondent Nos.2 and 3 herein, ordered the Revision Petitioner herein, who is the respondent in maintenance case, to pay monthly maintenance of Rs.1,500/- to each petitioner.
2. The parties to this Criminal Revision case will hereinafter be referred as described before the trial Court, for the sake of convenience.
3. The case of the petitioners before the Court below is as follows:
The respondent married the first petitioner on 28.08.2004 as per Hindu rites and customs. Second petitioner was born to them on 10.10.2005. The respondent is drunkard and indulged in immoral activities. He demanded Rs.50,000/- by way of additional dowry and he used to beat first petitioner. He used to threaten her to kill. The relatives of respondent also used to beat her. The respondent stopped paying househol
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 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.
Maintenance awarded by the Family Court must not exceed one-third of the paying spouse's income, considering their financial capacity and the needs of the dependents.
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.
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....
: FIXATION OF MONTHLY MAINTENANCE - First respondent as well as the revision petitioner are financially sound- Educational expenses of the respondents 2 and 3, status of the parties and the present e....
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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