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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan
Rajan Sipriyan – Appellant
Versus
Lija John – Respondent
| Table of Content |
|---|
| 1. maintenance awarded to wife and children. (Para 1 , 5) |
| 2. court's reasoning on sustaining family dignity through maintenance orders. (Para 2 , 3 , 7 , 8) |
| 3. legal obligation of husband emphasized despite personal grievances. (Para 4 , 6) |
ORDER :
P.V. Kunhikrishnan, J.
This Revision Petition is filed against the order dated 31.03.2022 in MC No.129/2019 on the file of the Family Court, Chavara. As per the impugned order, the Family Court granted maintenance to the respondents, who are the wife and children of the petitioner, at the rate of Rs.3,000/- each to the 1st and 2nd respondent and Rs.4,000/- to the 3rd respondent. Aggrieved by the same, this revision petition is filed.
2. Heard the learned counsel appearing for the petitioner and the counsel appearing for the respondents.
3. The counsel appearing for the petitioner submitted that the 1st respondent is living separately without any sufficient reason. The counsel takes me through paragraph No.8 of the impugned judgment. The counsel also submitted that because of the activities on the part of the 1st respondent, the petitioner lost his job. Now he has no job. Therefore, he is not in a position to pay maintenance to t
A husband's obligation to maintain his wife and children persists irrespective of his employment status, and cannot be evaded based on personal grievances.
Maintenance under Section 125 CrPC is an obligation of the husband to ensure dignity and sustenance for wives and children, emphasizing the social justice perspective.
The obligation of a husband under Section 125 CrPC to provide maintenance to his wife and children is essential, and refusal or failure to prove custody does not absolve this duty.
Husbands must provide maintenance to wives living separately if justified, ensuring they do not live in destitution; courts uphold dignity and necessity of support.
The enhancement of maintenance must ensure a spouse can sustain a dignified lifestyle, reflecting their status in marriage.
A wife who leaves her husband without sufficient reason is not entitled to maintenance under Section 125(4) of the Cr.P.C.
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
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