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A. V. RAVINDRA BABU
Adi Andhra Brahmaiah, S/o. A. Narayana – Appellant
Versus
State Of A. P. – Respondent
ORDER :
This Criminal Revision Case came to be filed on behalf of the petitioner, who is the respondent in F.C.M.C.No.15 of 2008 (old M.C.No.42 of 2007 on the file of Additional Judicial Magistrate of First Class, Ananthapur) on the file of the Judge, Family Court, Ananthapur, under Section 397 and 401 of the Criminal Procedure Code (‘Cr.P.C.’ for short), questioning the order of the learned Judge, Family Court, Ananthapur, dated 25.08.2008 awarding maintenance in favour of the respondent Nos.2 to 4.
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 Respondent Nos.2 to 4 are the petitioners in F.C.M.C.No.15 of 2008, on the file of the Judge, Family Court, Ananthapur. Originally, they filed M.C.No.42 of 2007 before the Additional Judicial Magistrate of First Class, Ananthapur and later it was transferred to the Judge, Family Court, Ananthapur, as such, it was given F.C.M.C.No.15 of 2008.
4) The case of the petitioners, in brief, according to the averments in the petition before the trial Court is that the marriage of the first petitioner with the respondent was performed on 01.05.1998 at Sri
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 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 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.
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.
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