Back
V. SRINIVAS
Lenka Bhaskara Rao – Appellant
Versus
Lenka Madhavi Vizianagaram – Respondent
ORDER :
1. Assailing the order dated 25.04.2016 in M.C. No. 15 of 2014 on the file of the Court of learned Judicial Magistrate of First Class at Cheepurupalli, the petitioner/respondent/ husband filed the present criminal revision case under Section 397 r/w. 401 of the Criminal Procedure Code, 1973.
2. The shorn of necessary facts leading to file the original petition as pleaded by the respondents/wife and son are that:
A husband is legally obligated to maintain his wife and child, and claims of desertion must be substantiated to deny such maintenance.
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 decisions involve assessing the financial capacity of both spouses, the needs of dependents, and the evidence supporting claims of neglect or financial ability.
Point of law - As per Section, 125 of Cr.P.C, only minor child is entitled to get maintenance amount. Therefore, regarding second respondent, the revision petitioner need not to pay maintenance amoun....
: 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....
A divorced wife is entitled to maintenance under Section 125 CrPC, irrespective of the divorce circumstances, affirming the husband's financial responsibility.
The obligation of a spouse to provide maintenance, as determined by the spouse's income and ability to maintain the other spouse, is a key legal principle established in this judgment.
The court emphasized that maintenance amounts must match the living standards and financial capabilities of both parties, rejecting the husband's claim of poverty due to his affluent background.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
