Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T MALLIKARJUNA RAO
T.Sai Baba – Appellant
Versus
State Of AP, Rep. By Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. facts supporting maintenance claims. (Para 3 , 4 , 5) |
| 2. arguments regarding maintenance amounts. (Para 7 , 13 , 15 , 18) |
| 3. court's procedural analysis of maintenance. (Para 10 , 11 , 16 , 19) |
| 4. rationale behind maintaining maintenance order. (Para 12 , 17 , 20) |
| 5. conclusion: dismissal of criminal revision case. (Para 21) |
ORDER :
T Mallikarjuna Rao, J.
1. The Criminal Revision Case, under Section 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.') is filed on behalf of the petitioner/respondent assailing the order dated 14.08.2018 passed in F.C.M.C. No.22 of 2017 on the file of the learned IV Additional District Judge- cum-Family Court, Kurnool, (for short, ‘the Family Court’) whereby petition was partly allowed by granting maintenance filed under Section 125 Cr.P.C., by the petitioners 2 and 3 (children) therein.
2. For the sake of convenience, the parties to this Criminal Revision Case will hereinafter be referred to as described before the Family Court.
3. The petitioners, being the respondent’s wife and children, filed a petition before the Family Court under Section 125 of the Cr.P.C. in F.C.M.C.No.22 of 2017 seeking maintenance.
4. The b
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.
: 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....
Maintenance decisions involve assessing the financial capacity of both spouses, the needs of dependents, and the evidence supporting claims of neglect or financial ability.
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
The court modified the maintenance amount to Rs.7,000/- per month, emphasizing the husband's duty to maintain his wife and the need for the amount to reflect the cost of living.
The main legal point established in the judgment is the court's discretion in determining the appropriate amount of maintenance under Section 125 of the Criminal Procedure Code based on the evidence ....
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.
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
