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M. NAGAPRASANNA
Sathish N. – Appellant
Versus
Ambika J. – Respondent
ORDER
1. The petitioner is before this Court calling in question entertaining of the proceedings in Crl.Misc.361/2020, registered by the respondent-wife seeking maintenance from the hands of the husband invoking Section 125 Cr.P.C.
2. Heard Sri. Shivanna, learned counsel for the petitioner and Sri. Umesh B.N., learned counsel for respondent.
3. Brief facts leading to the filing of the present petition as borne out from the pleadings are as follows: The petitioner and the respondent get married on 01-11-2016. On the relationship between the petitioner and the respondent getting strained, respondent- wife registers a complaint on 7-12-2020 alleging offences punishable under Sections 498A, 504 read with 34 of IPC and later on, prefers Crl.Misc.361/2020 seeking maintenance from the hands of the husband invoking Section 125 of the Cr.P.C.
4. The petitioner contends that the petition was not even maintainable and the Court has declined to consider these submissions holding the submissions would be taken note of after hearing the respondent- wife and while considering the matter for grant of maintenance or otherwise. At that juncture, petitioner files the subject petition seeking quashment of
Living separately from the husband does not automatically disentitle the wife from claiming maintenance under Section 125 Cr.P.C.
Cohabitation as 'husband and wife' requires proof for maintenance claims under Section 125, CrPC, and lack of evidence invalidates interim maintenance awards.
A wife living in adultery is not entitled to maintenance if proven by continuous evidence; mere isolated incidents are insufficient.
A husband is liable to pay maintenance to his wife and minor children under Section 125 Cr.P.C., even if he alleges that the wife is living in adultery.
Point of law: Finding recorded by the family Court that wife is staying separately from the husband without any sufficient cause is erroneous.
Grant of Maintenance – Provision provided under Section 125 of Cr.P.C. is a measure of social justice extended to protect rights of wife and minor children with object to prevent vagrancy and destitu....
Maintenance – Obligation of husband is on a higher pedestal when question of maintenance of wife and children arises.
The burden of proof lies with the husband to establish continuous adultery to deny maintenance; isolated incidents are insufficient.
The entitlement to maintenance under Section 125 Cr.P.C. is not barred by the grant of maintenance under Section 24 of the Hindu Marriage Act if the husband neglects to maintain the wife.
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