A divorced woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself, and the father is obligated to support their minor child.

ORDER :

This Criminal Revision Case, under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.), is filed by the husband impugning the order dated 19.06.2018 of the learned Judge, Family Court-cum-V Additional District Judge, Tirupati in F.C.O.P.No.44 of 2017.

2. Heard arguments of Sri K.Jitendra, the learned counsel for petitioner and Sri D.Purna Chandra Reddy, the learned counsel for respondent No.1 and the learned Assistant Public Prosecutor for respondent No.3-State.

3. A marriage is a union between two people that is characterized by love, respect and commitment. The case on hand is one where the man and woman fell in love first and thereafter convinced the elders and their marriage was solemnized on 27.11.2009. It was a happy wedlock, and the spouses were blessed with a girl child on 03.07.2012. Serious rift between the spouses brought the marriage into rough weather.The wife claimed that her husband was cruel towards her and filed F.C.O.P.No.69 of 2015 and the husband did not choose to contest. The marriage was dissolved by decree of divorce dated 16.07.2016. The girl child by then was aged four years and she was with her mother. It seems, in the divorce proceedings no prayer was made for maintenance. About seven months after the decree of divorce the divorced woman and her minor daughter filed a petition under Section 125 Cr.P.C. against the man in F.C.O.P.No.44 of 2017 before the learned Family Court-cum-V Additional District Judge, Tirupati. The husband filed his counter raising various contentions. The learned Family Judge inquired into the matter where there was evidence of PWs.1 and 2 and Exs.A.1 to A.12 and the evidence of RWs.1 and 2 and Exs.B.1 to B.3. Eventually, the claim for maintenance was allowed in the following terms:

“In the result, the petition is partly allowed with costs and the respondent is directed to pay a sum of Rs.12,000/- per month to the 1^st petitioner and Rs.5,000/- per month to the 2^nd petitioner towards their maintenance from the date of filing of this petition. The respondent is further directed to pay a sum of Rs.50,000/- per annum to the 1^st petitioner towards medical expenses and shelter and also Rs.30,000/- per annum towards educational expenses of the 2^nd petitioner. The rest of the claim is dismissed.”

4. The aggrieved man in this revision intending to show to this Court the illegality or irrationality or impropriety in the order of maintenance granted to his divorced wife and their legitimate minor daughter.

5. In the revision the following grounds are mentioned:

The claim for maintenance ought to have been dismissed.

Exorbitant amounts were granted by the Family Court.

Even while the divorce proceedings were pending mediation was held and the husband requested his wife to join conjugal fold, but she refused to do the same and therefore, her claim for maintenance ought to have been dismissed.

Parents of the wife spoiled the matrimonial life of the spouses.

The wife has been earning Rs.48,000/- per month and the Family Court erroneously granted maintenance to such a wife.

As the wife has left the conjugal life, therefore, she is not entitled for maintenance.

6. Learned counsel for the revision petitioner argued that relative financial positions of the parties was not properly considered by the Family Court and the revision petitioner subsequent to the decree of divorce got married to another woman and through that wedded life now he has a daughter and all of them are dependents on him.

7. Learned counsel for respondent No.1/wife and minor daughter argued that the grounds urged in the revision are totally meritless and the learned Family Judge appreciated the evidence appropriately and reached to correct conclusions and at any rate the order impugned does not suffer from any legal lapses and therefore this revision is required to be dismissed.

8. The point that falls for consideration is:

“Whether the order granting maintenance to divorced wife and minor daughter suffers from factual or lega