HANCHATE SANJEEVKUMAR
B. Shalini, W/o M. Prakash – Appellant
Versus
M. Prakash, S/o. Late Mahadeva – Respondent
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 cons
Rajnesh vs. Neha and another reported in AIR 2021 SC 569
Ramesh Chander Kaushal v. Mrs. Veena Kaushal and Ors
Bhagwan Dutt vs. Kamla Devi (1975) 2 SCC 386 : AIR 1975 SC 83
Chaturbhuj v. Sitabai (2008) 2 SCC 316: AIR 2008 SC 530
Bhuwan Mohan Singh v Meena and Ors (2015) 6 SCC 353 : AIR 2014 SC 2875
Chanmuniya v. Virendra Kumar Singh Kushwaha and Anr. (2011) 1 SCC 141 : 2011 Cri LJ 96 (SC)
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 obligation to maintain dependents is continuous and independent of other proceedings, rooted in social justice provisions protecting vulnerable individuals.
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
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....
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