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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I.ARUN
Manjunatha, S/o. Late G. Basavaraj – Appellant
Versus
Manjula Yane Mamatha, W/o. Manjunath – Respondent
| Table of Content |
|---|
| 1. conclusion and order set by the court. (Para 1) |
| 2. interim maintenance proceedings initiated by respondent. (Para 2 , 3) |
| 3. claim for maintenance under section 125 crpc. (Para 4 , 5) |
| 4. trial court's decision on granting maintenance. (Para 6) |
| 5. criteria for granting maintenance under crpc. (Para 7 , 8) |
ORDER :
M.I. ARUN, J.
The criminal petition is filed with the following prayers:
"A. To allow the criminal petition.
B. To quash the entire criminal proceedings under section 125 of CrPC against the petitioner vide CRL.Misc.No.143/2022 registered by the Respondent and pending before Prl.Civil Judge & JMFC Court Hosadurga.
C. And grant such other relief or reliefs as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity."
2. The proceedings in Crl.Misc.No.143/2022 has been initiated by the respondent against the petitioner. In the said proceedings, she has contended that though she was not legally wedded to the petitioner, the petitioner and the respondent have lived like husband and wife. Based on the said assumption, the trial Court has granted an interim maintenance of Rs.5,000/- per month to the petitioner. The sa
Cohabitation as 'husband and wife' requires proof for maintenance claims under Section 125, CrPC, and lack of evidence invalidates interim maintenance awards.
The interpretation of 'wife' under Section 125 of CrPC is not confined to legal marriages, affecting entitlement to maintenance.
Relationship between parties as husband and wife imposes obligation on both to live together with each other as they were living as husband and wife and if they are living together as husband and wif....
A second marriage is void if the first marriage is still valid, and only a legally wedded wife is entitled to maintenance under Section 125 of Cr.P.C.
The Court clarified that a second wife whose marriage is void due to the survival of the first marriage is not entitled to maintenance under Section 125 Cr.P.C. The Court emphasized the need for stri....
The entitlement of the wife to lead a life in a manner similar to that in the house of her husband and the wide discretion conferred on the court in the matter of an order for interim maintenance.
(1) Maintenance – A woman is entitled to claim maintenance u/s. 125 Cr.P.C. from her second husband while her first marriage is legally subsisting but she is not deriving any rights and entitlements ....
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