V. G. ARUN
Abdul Mujeeb, S/o. P. K. Hassan – Appellant
Versus
Suja, W/o. Abdul Mujeeb – Respondent
JUDGMENT :
The petitioner's wife and children, respondents 1 to 4 herein, had approached the Family Court, Mavelikkara by filing MC No.42 of 2016 claiming maintenance allowance under Section 125 of Cr.P.C. As the petitioner failed to appear despite issuance of notice, he was set ex parte and the maintenance case decided as per order dated 30/08/2016, directing the petitioner to pay maintenance allowance at the rate of Rs.4,000/-to each claimant with effect from 16.04.2016.
2. The petitioner having failed to pay maintenance in terms of the order, respondents 1 to 4 filed CMP No.142 of 2019 claiming a total amount of Rs.1,20,000/-towards arrears of maintenance for the period from 30.01.2019 to 30.10.2019. The petitioner filed an `objection to the execution petition contending that, as against the claim for Rs.1,20,000/-, he has already paid an amount of Rs.2,68,607/-. The court below after hearing the parties, dismissed CMP No.142 of 2019, finding that the petitioner had paid Rs.1,15,152/-to the account of the second respondent, which along with other payments made towards education fees and expenses of respondents 2 to 4 totaled Rs.2,68,607/-.
3. On dismissal of CMP No.142 of 2019, res
Anjana T. v J.A.Jayesh Jayaram and Another 2022 (3) KHC 221
Chaturbhuj v Sita Bai 2008 (2) SCC 316
Nisha Haneefa v. Abdul Latheef and Others 2022 (2) KHC 759
Sanjeev Kapoor v. Chandana Kapoor and Others 2020 (2) KLT 267 (SC)
Section 127 empowers court to alter maintenance allowance granted on receiving proof regarding change of circumstances.
Point of law: Enforcement of the order of maintenance is provided under Section 128 of Cr.P.C., giving option to the wife to seek enforcement either in a place where the order was passed or in a plac....
A maintenance order under Sections 125 and 127 Cr.P.C can be enforced regardless of whether the respondent resides outside the jurisdiction of the court that issued the order.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
The obligation to maintain dependents is continuous and independent of other proceedings, rooted in social justice provisions protecting vulnerable individuals.
(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 ....
The obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
(1) Section 125 Cr.P.C. is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution – Conceptualisation of Section 125 was m....
The duty of the father to provide sustenance for his children, including contributing to their education, and the need for liberal interpretation of social welfare legislations to fulfill their purpo....
A magistrate has the authority to modify or cancel maintenance orders under Section 125 and 127 of the Cr.P.C. based on changed circumstances, as clarified by the Supreme Court.
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