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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.Khazi
Chikkaswamy, S/O Late Chikkaiah – Appellant
Versus
Jayalakshmamma, W/O Chikkaswamy – Respondent
| Table of Content |
|---|
| 1. challenge to maintenance order (Para 1 , 2) |
| 2. overview of parties and their financial situations (Para 3 , 4 , 5 , 6 , 10 , 12 , 13) |
| 3. evidence of respondent's incapacity and petitioners' income (Para 16 , 18 , 19 , 20) |
| 4. requirements for maintenance under section 125 cr.p.c (Para 22 , 23) |
| 5. final order allowing the petition partially (Para 25) |
ORDER :
J.M. Khazi, J.
In this petition filed under Section 482 Cr.P.C, petitioner who is respondent before the trial Court, has challenged the order granting maintenance at the rate of Rs.1,000/- in favour of his wife and enhancing the maintenance from Rs.300/- to Rs.1,500/- p.m, in favour of his unmarried daughter by the District Court.
2. For the sake of convenience the parties are referred to by their rank before the trial Court.
3. In support of the petition, respondent has contended that petitioner No.1 is his second wife. She is an Anganawadi worker and getting salary of Rs.4,000/- p.m. Now it is enhanced to Rs.5,000/- p.m. Respondent is a retired employee of KR Mills. He was granted a site by the government. Out of the benefits received from his retirement he has constructed a house. Petitioner No.1 is residing in the s
A person must have sufficient means under Section 125 Cr.P.C to be obligated to pay maintenance, which the elderly respondent lacked.
Court can enhance maintenance based on changed financial circumstances and increased cost of living, considering the petitioners' needs and respondents' income.
A husband’s legal obligation to maintain his wife and children must be fulfilled despite claims of financial hardship, unless convincingly demonstrated otherwise.
The legal principle established is that a husband's maintenance obligation is based on his earning capability, not just actual income, ensuring adequate support for dependents.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
Important points:A man is obliged under the Code to see that his wife, son/daughter or parents neglected by him and unable to maintain themselves, are reasonably maintained
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
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