Back
V. G. ARUN
Dheera N. G. – Appellant
Versus
Simesh S – Respondent
ORDER :
The revision petitioners in RP(FC) No.30/2023 are the wife and son of the respondent. They had filed MC No.183/2018 before the Family Court, Ernakulam seeking maintenance allowance at the rate of Rs.20,000/-for the first petitioner and Rs.7,500/-for the second petitioner. The Family Court ordered monthly maintenance at the rate of Rs.4,000/-to the first petitioner and Rs.2,000/-to the second petitioner. The revision petitioners are aggrieved by the quantum of monthly maintenance allowance ordered. RP(FC) No.71/2023 is filed by the husband/father, challenging the finding regarding his liability to pay maintenance. The essential facts are as under; The parties are referred as per their status in RP(FC) No. 30/2023.
2. The marriage between the first petitioner and the first respondent was solemnised on 12/9/2010 and the second petitioner was born in that wedlock on 1/9/2011. Immediately, after delivery, the first petitioner had to take up the additional responsibility of looking after her mother-in-law, who was suffering from cancer. While so, the first petitioner developed constant fever and was taken to her house on 21/10/2012. She was later admitted in the Lakshmi Hospital, E
Section 125 is to ensure that neglected wife, child and parents are not left in a helpless state of distress.
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
Section 125 Cr.P.C. is meant to achieve a social purpose. Object is to prevent vagrancy and destitution.
The central legal point established in the judgment is the legal and basic obligation of the husband to maintain his wife and minor children, as supported by Section 125 of Cr.P.C., Article 15(3) of ....
Point of Law : It is seen that learned Court below committed no error or mistake while passing the judgment and order granting the maintenance to the respondent/1st party.
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
Children are independently liable to maintain parents under Section 125 of Cr.P.C., regardless of a spouse's support.
The court upheld the trial court's maintenance award, emphasizing the need for maintenance to reflect the husband's financial capacity and the wife's inability to support herself.
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
