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C. M. POONACHA
Renuka W/o. Venkatesh Gangal @ Doddamani – Appellant
Versus
Venkatesh S/o. Basavaraddi Gangal @ Doddamani – Respondent
ORDER :
Heard the learned counsel for petitioners. Notice to respondent has been held sufficient and there is no representation on behalf of the respondent.
2. Although the appeal is listed for admission, with the consent of the learned counsel, the matter is heard finally on its merits.
3. The relevant facts necessary for consideration of the present petition are that the marriage between the petitioner No.1 and the respondent was solemnized on 23.11.2009 and the petitioners No.2 and 3 are the children from the said wedlock. The petitioners instituted a petition under Section 125 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) seeking maintenance from the respondent. The said proceedings was contested by the respondent. The family Court by order dated 14.11.2018 dismissed the petition filed by the petitioners holding, inter alia, that PW-1 had not placed material on record to demonstrate that she was willing to join the respondent in the matrimonial home; and that the petitioners had not placed any material to demonstrate that the respondent had willfully neglected to maintain the petitioners.
4. Learned counsel for petitioners contends that the reasoning ad
Point of law: Finding recorded by the family Court that wife is staying separately from the husband without any sufficient cause is erroneous.
Point of law: in the absence of material to show that the respondent's alieged first marriage with Smt. Prameela said to have taken place in 1974 was to the knowledge of the petitioner in the Family ....
The duty of the husband to provide financial support to the wife and the purpose of Section 125 of the Cr.P.C. as a measure of social justice to prevent destitution and vagrancy of deserted wives and....
The central legal point established in the judgment is the legal and basic obligation of the husband to maintain his wife and minor children, as supported by Section 125 of Cr.P.C., Article 15(3) of ....
Living separately from the husband does not automatically disentitle the wife from claiming maintenance under Section 125 Cr.P.C.
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Validity of marriage in section 125 proceedings is based on evidence, and maintenance should enable the wife to live with dignity.
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