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MARY JOSEPH
Rupa. C. – Appellant
Versus
Puthalath Anil Kumar – Respondent
ORDER :
The revision on hand is filed challenging an order passed by Family Court, Thalassery on 29.01.2020. The revision petitioners are petitioners before the Family Court in M.C. No.75/2019. The Family Court, Thalassery allowed the M.C. in part on the following terms:
II. The 2nd petitioner shall get maintenance only up to his age of majority.
III. The 1st petitioner shall collect the maintenance amount for and on behalf of petitioner No.2.
IV. The claim of maintenance for the 1st petitioner is negatived.”
2. Aggrieved by the order disallowing the claim of the 1st petitioner for maintenance for the reasons that the petitioner though unemployed at the relevant time is capable of getting an employment in view of her previous experience as an employee in the managerial cadre in a financial institution at Gulf and that she is living in adultery with a man namely Praveen. Challenge was also raised against the sum ordered as monthly maintenance to the 2nd petitioner for the reason that it is on the lower s
Important points:The reason that distinguishes is that, in case of a deserted and neglected wife, in cases of living in adultery, the lady would be maintained by the adulterer and need not have to wo....
Point of law: Maintenance – Adultery - When piea of adultery is taken it is a serious defence of the respondent. If he failed to prove that particular aspect, then it amounts to character assassinati....
The duty of a husband to provide maintenance to the wife exists unless exceptions under Section 125 of the Cr.P.C. are proven. Grounds of cruelty, adultery, and desertion do not disentitle the wife f....
The court emphasized the welfare nature of maintenance laws and the need to prevent destitution, holding that grounds of cruelty, adultery, and desertion did not disentitle the respondent from receiv....
Section 125 provides maintenance to wives, children and parents who are unable to maintain themselves.
The court ruled that a wife disqualified from maintenance under Section 125 due to adultery cannot claim maintenance post-divorce if evidence of past conduct supports the claim.
The judgment established that the provisions of Section 125 Cr.P.C aim to prevent destitution of a deserted wife and must be considered in light of the welfare of the children. It also clarified that....
Strict proof of marriage is not required in a maintenance proceeding under Section 125 of Cr.P.C.
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