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V SRINIVAS
Veluru Satish, S/o Dasaradha Ramaiah – Appellant
Versus
Chittaturu Sailaja and Others – Respondent
ORDER :
V.SRINIVAS, J.
The present Criminal Revision case is filed by the petitioner/husband against the judgment dated 08.08.2008 in F.C.O.P.No.55 of 2008 on the file of the learned Family Court, Nellore, wherein the learned judge granted maintenance at the rate of Rs.2,000/- per month to the 1st respondent and Rs.1,000/- per month to the 2nd respondent, under Section 397 r/w 401 of the Criminal Procedure Code, 1973.
2. The shorn of necessary facts leading to file this revision as pleaded by the respondent/husband are that:
The petitioner and 1st respondent are husband and wife. At the time of marriage, parents of the 1st respondent gave Rs.1,00,000/- of gold and 13 sovereigns of gold ornaments to the petitioner/husband. Petitioner/husband used to harass the 1st respondent/wife by beating her with an intention to marry another woman as second marriage. Unable to bear his harassment, the 1st respondent/wife made a complaint and the same was taken in Crime No.83 of 2001 registered under Section 498-A I.P.C. Hence, the petition.
3. The petition was taken on file and numbered as F.C.O.P.No.55 of 2008 on the file of the learned Family Court, Nellore.
4. After full-fledged enquiry, the Family
A divorced woman is entitled to maintenance under Section 125 of the CrPC, regardless of the circumstances of the divorce.
A divorced wife is entitled to maintenance under Section 125 CrPC, irrespective of the divorce circumstances, affirming the husband's financial responsibility.
A husband is legally obligated to maintain his wife and child, and claims of desertion must be substantiated to deny such maintenance.
Maintenance – Obligation of husband is on a higher pedestal when question of maintenance of wife and children arises.
The court affirmed that a wife is entitled to maintenance unless disqualified, emphasizing the husband's obligation to support her, especially when she has been subjected to harassment.
Under Section 125(2) of the Cr.P.C, a husband has a duty to provide financial support to his wife and children.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
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