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Shaji – Appellant
Versus
Sharmina – Respondent
ORDER :
C.S.Dias, J.
The revision petition is filed questioning the legality and correctness of the order in M.C.No.91/2016 of the Family Court Vatakara, ordering the revision petitioner to pay monthly maintenance allowance @ Rs.4,000/- each to the respondents - his divorced wife and two children - from the date of order. The revision petitioner was the respondent and the respondents were the petitioners before the Family Court.
Brief facts
2. The respondents had filed the application under Section 125 of the Code of Criminal Procedure ('Code', for brevity) against the revision petitioner seeking monthly maintenance allowance. It was the case of the respondents that the 1st respondent is the divorced wife of the revision petitioner and the respondents 2 and 3 are the children born in their wedlock. Due to the matrimonial cruelty meted out on the 1st respondent by the revision petitioner, the respondents had to flee the matrimonial home and seek shelter in the paternal home of the 1st respondent. The revision petitioner was employed abroad in a supermarket as a Salesman and was earning a monthly income equivalent to Rs.50,000/-. Despite having sufficient means, the revision petitioner w
A divorced wife is entitled to maintenance under Section 125 of the Code, emphasizing the husband's duty to support his family despite claims of unemployment or illness.
Maintenance under Sec.125 of the Code of Criminal Procedure serves to provide financial support regardless of marital status disputes, emphasizing social justice for dependents.
A divorced woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself, and the father is obligated to support their minor child.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C. after the Iddat period if she cannot maintain herself.
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
A husband is legally obligated to provide maintenance to his wife and minor children if he has sufficient means, regardless of his claimed income.
The court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
The central legal point established in the judgment is the husband's liability to pay maintenance if the wife is unable to maintain herself and if the husband has sufficient means, as per Section 125....
(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 main legal point established is the duty of the husband to maintain his wife, even after divorce, and the importance of providing an opportunity for the husband to present his case.
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