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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANARAO
. – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. jurisdiction and proper service of notice (Para 1 , 13) |
| 2. claims of unfair treatment and procedural impropriety (Para 2 , 3 , 4 , 5) |
| 3. respondent's claims of dowry harassment and maintenance (Para 6 , 7 , 8 , 9 , 10) |
| 4. procedural irregularity affecting justice (Para 11 , 12 , 16 , 17 , 18) |
| 5. principles governing maintenance and support (Para 14 , 15) |
| 6. interim maintenance and remand for further considerations (Para 20 , 21 , 22) |
ORDER :
1. Criminal Revision Case has been preferred under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) feeling aggrieved by ex-parte order of granting maintenance to Respondent No.2, vide order dated 08.11.2024 in M.C.No.45 of 2024 on the file of the learned Judge, Family Court-cum-VI Additional District Judge, Kadapa.
2. Sri M. Solomon Raju, learned Counsel for the Petitioner while reiterating the grounds of the Revision, argued that the impugned order passed by the learned Trial Judge is illegal, irregular, and liable to be set aside in the interest of justice. The Petitioner was not served with notice at his correct workplace address, which is the Kalyan Nagar campus of CMR University, whe
Procedural fairness is essential in maintenance proceedings; lack of proper notice and inadequate verification of financial claims rendered the subsequent ex-parte order unsustainable.
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
Maintenance must ensure reasonable support without unjust enrichment, requiring balance between the parties' financial capacities and needs regardless of income disparities.
Providing maintenance requires proof of the wife's inability to support herself; unsubstantiated claims do not merit legal relief.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
The court ruled that maintenance orders must adhere to due process and sufficient evidence, setting aside an ex-parte order due to lack of notice and inadequate proof.
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