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Y. LAKSHMANA RAO
Chinnan Krishore Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
Criminal Revision Case has been preferred under Sections 397and401of Code of Criminal Procedure, 1973 (for brevity ‘the Cr. P.C.,’) feeling aggrieved by the order dated 09.03.2018 passed in F.C.O.P.No.1008/2018onthe file of the learned IV Additional District Judge-cum-Judge, Principal Family Court, Vijayawada.
2. Sri M. Venu Gopal, learned Counsel for the Petitioner would submit that the impugned order of the learned Court below suffers from perversity and material irregularity, being contrary to the evidence on record and probabilities of the case. It is urged that the learned Family Court erred in granting maintenance without proper appreciation of the chief affidavit filed under Order XVIII Rule 4 of the Code of Civil Procedure, 1908 (for brevity ‘the C.P.C.,’) which itself constitutes a procedural violation. The Petitioner contends that Respondent No.2 failed to substantiate her allegations with documentary proof regarding alleged payments of cash and Adapaduchukatnam, yet the learned Court erroneously allowed the petition. The learned Counsel for the Petitioner would further argue that the present proceedings are a second round of litigation, filed only after withdrawal o
(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 can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
Broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of t....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
The right to maintenance under S.125, CrPC is absolute and designed to ensure dignified living for spouses and children, despite claims of financial hardship by the husband.
The court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
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