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KAUSER EDAPPAGATH
Paul George Son of Mekkattukulam George – Appellant
Versus
Emarin Paul Alias Unnimol Daughter of Chemmannoor Rajan – Respondent
ORDER :
A husband who suffered an order under Section 125 of Cr.P.C to provide maintenance to his wife despite her living apart for no justifiable reason is before me in this Revision Petition
2. The petitioner was the husband of the respondent. The respondent filed the maintenance case against the petitioner before the Family Court, Thrissur as M.C.No.354 of 2017 claiming maintenance. The Family Court tried M.C.No.354 of 2017 along with two petitions for guardianship filed by both sides as G.O.(P) Nos.1621 of 2016 & 1334 of 2017 and passed a common order. M.C.No.354 of 2017 was allowed, and the petitioner was directed to pay monthly maintenance at the rate of Rs.25,000/- to the respondent. The said order is under challenge in this revision petition.
3. I have heard Smt.K.Meera, the learned counsel for the petitioner and Sri.Ajmal V.A., the learned counsel for the respondent.
4. It is not in dispute that the petitioner and the respondent were legally wedded husband and wife. The marriage was solemnized on 07.01.2008. A girl child was born in the wedlock on 03.04.2013. Matrimonial disputes arose between the parties in the year 2015, which led to the initiation of several litigatio
A wife who leaves her husband without sufficient reason is not entitled to maintenance under Section 125(4) of the Cr.P.C.
A husband's obligation to maintain his wife and children persists irrespective of his employment status, and cannot be evaded based on personal grievances.
A wife must provide justifiable reasons for living separately to claim maintenance under Cr.P.C. Section 125.
Maintenance – Obligation of husband is on a higher pedestal when question of maintenance of wife and children arises.
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
The court affirmed that a wife is entitled to maintenance unless disqualified, emphasizing the husband's obligation to support her, especially when she has been subjected to harassment.
(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 ....
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