CHEEKATI MANAVENDRANATH ROY
Chaga Jagadeesh Viveka – Appellant
Versus
Chaga Sai Anusha – Respondent
JUDGMENT
Cheekati Manavendranath Roy, J. - assailing the order dated 31.07.2019 passed in Crl.M.P.No.295 of 2018 in M.C.No.14 of 2018 on the file of the learned additional Judicial Magistrate of First Class, Sullurpet, whereby the petition filed for grant of interim maintenance was allowed awarding Rs.5,000/- per month each towards maintenance to the respondents 1 and 2 herein, the present Criminal Revision Case is preferred by the revision petitioner.
2. Heard learned counsel for the petitioner.
3. The 1st respondent is the legally wedded wife of the petitioner. The 2nd respondent is their son born during their lawful wedlock. Respondents 1 and 2 have filed petition under Section 125 Cr.P.C in M.C.No.14 of 2018 on the file of the trial Court for grant of monthly maintenance to them on the ground that the revision petitioner has neglected them and refused to maintain them. along with the said petition, they have filed another petition under Section 125(2) Cr.P.C for grant of interim maintenance of Rs.10,000/- each per month to them.
4. The revision petitioner has opposed the said petition in the trial Court. after hearing both the revision petitioner and respondents 1 and 2 herein, the
The main legal point established is that a husband and father is obligated to provide maintenance to his wife and minor son, based on his sufficient means, despite his need to support his ailing moth....
Father's absolute obligation to maintain minor child under Cr.P.C. Section 125 unaffected by mother's employment; voluntary financial liabilities secondary to child's paramount right; Rs.8,000 monthl....
Interim maintenance under Section 125 is provisional and requires evidence of adoption for claims by stepchildren; the court upheld the Family Court's assessment of income and entitlement.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.