IMPORTANT POINT
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 the Constitution of India, and relevant case law.

ORDER :

This revision petition is filed by the wife and four minor children calling in question the order rejecting the maintenance to the wife and granting meager amount of maintenance to the children in Crl.Mis.No.173/2016 dated 22.03.2019 by the Court of III Additional Principal Family Judge at Mysuru.

2. The relationship between the petitioners and respondent is not disputed. The petitioner No.1 is wife of the respondent and petitioner Nos.2 to 5 are minor children of the respondent. On certain allegations of cruelty and ill-treatment, the petitioners are compelled to leave the respondent and started to reside separately. Thus, filed maintenance petition under Section 125 of Cr.P.C. and the Family Court has granted maintenance amount of Rs.1,000/- per month each to the respondent Nos.2 to 5 and rejected the petition filed by the petitioner No.1 – wife. Hence, the instant revision petition is filed by the petitioners praying to grant maintenance to the wife and for enhancement of maintenance to the children.

3. Heard the arguments of learned counsel for both the parties and perused the record.

4. The Family Court in a very strange manner without applying its common sense how to consider these types of petition has dealt the case resulting the petitioners to put into a worsen situation. The Family Court has erroneously observed that the petitioner No.1 being wife is able to maintain herself. Hence, dismissed the petition filed by the petitioner No.1 – wife. The Family Court has not considered the fact how the petitioner – wife is able to maintain herself and her children when they are thrown out to the street from the respondent – husband. The Family Court has referred to the provisions of Section 125 of Cr.P.C. and discussed Article 15 (3) of the Constitution of India but has failed to apprehend for what object and reason those provisions are made in the statute. The Family Court has recorded the findings as if petitioners have committed fault. Hence, the findings and the reasoning of the Family Court is completely erroneous, illegal, perverse and nonsense.

5. The petitioner No.1, being wife was thrown out from the respondent and she was constrained to live separately from the respondent with four minor children. This fact and circumstance is not visualized from the Family Court. Unfortunately, the Family Court has lost its consciousness and had dealt the case in a casual and cavalier manner. The respondent – husband has not produced any evidence to prove that the petitioner No.1 is working and earning income to maintain herself, the Family Court has assumed that the petitioner No.1 – wife is capable of maintaining herself and on this ground, denied the maintenance to the wife. The Family Court has lost its wisdom, fairness, intelligence in considering the petition filed by the petitioners.

6. The Hon’ble Supreme Court has also held that it is duty cast on the husband and it is the legal and basic obligation on the part of the husband to maintain his wife and minor children. The Family Court is constrained to go through some of the decisions of the Hon’ble Supreme Court. The Hon’ble Supreme Court in the case of Rajnesh vs. Neha and another reported in AIR 2021 SC 569, has observed as under:-

“2. Given the backdrop of the facts of the present case, which reveal that the application for interim maintenance under Section 125 Cr.P.C. has remained pending before the Courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the Courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Guidelines/Directions o