Back
A. BADHARUDEEN
Sreeja T. , W/o. Rajaprabha – Appellant
Versus
Rajaprabha, S/o. Vasudevan – Respondent
ORDER :
R.P.(FC) No.468/2019 is at the instance of the respondent in M.C.No.356/2016 on the file of the Family Court, Kottarakkara and he impugns order in the above M.C., dated 4.6.2019.
2. Whereas, R.P.(FC) No.307/2019 has been filed by the petitioners 1 to 3, challenging the same order, on the ground of inadequacy on the quantum of maintenance.
3. Heard the learned counsel for the parties.
4. I shall refer the parties in this petition as to their status before the Family Court, for easy discussion.
5. In this matter, the petitioners, who are alleged to be wife and children of respondent, filed petition under Section 125 of the Code of Criminal Procedure, before the Family Court and thereby, claimed Rs.8,000/- to the first petitioner, Rs.7,000/- to the second petitioner and Rs.5,000/- to the third petitioner. The specific contention raised by the petitioners before the Family Court was that the petitioners had no means of maintenance and the respondent had been working abroad and he was earning Rs.90,000/-per month.
6. The respondent filed objection, alleging adulterous life on the part of the first petitioner and also denying paternity of the third minor petitioner. In the objection, n
Point of Law : When a party claims allowance of maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law.
A husband must prove genuine inability to maintain family; onus lies on him, given his earning capacity. Maintenance for wife is contingent on her ability to sustain her prior standard of living.
Court upheld maintenance order, emphasizing consideration of evidence regarding the parties' financial circumstances.
Interim maintenance under Cr.P.C. Section 125 is based on reasonable assessments of income, considering both parties' claims and financial conditions.
In maintenance proceedings, the court is not required to perform a threadbare analysis of itemized vouchers; instead, it may fix the quantum based on the minor's needs, parental social status, cost o....
The court reaffirmed the right to maintenance under Section 125 Cr.P.C., justifying maintenance awarded despite claims of abandonment due to evidence of cruelty.
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
The obligation of a husband to provide financial support to the wife and children is sacrosanct, and maintenance proceedings are essential to prevent vagrancy and destitution of a deserted wife and c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
