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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Hussain S/o Aliyarkunju – Appellant
Versus
Shamila D/o Muhammedkunju Shamila Manzil – Respondent
| Table of Content |
|---|
| 1. petitioner's argument about custody disputed. (Para 4) |
| 2. section 125 ensures financial support for women and children. (Para 5 , 8) |
| 3. judgment affirmed; revision petition dismissed. (Para 9) |
ORDER :
2. Heard.
“23. Respondent has taken a contention that petitioners 2 to 4 are in his custody and is living with the respondent in this case and that he is meeting the entire expenses of the petitioners 2 to 4, children of 1st petitioner and respondent in this case. According to the respondent, they are living in his house and occasionally they used to meet the 1st petitioner and he has never obstructed petitioners 2 to 4 from meeting the 1st petitioner. In short, respondent contended that he need not pay maintenance to petitioners 2 to 4.
4. This shows the attitude of the petitioner. He is not coming before the Court with clean hands. As I mentioned earlier, the marriage and paternity are not disputed. The only contention of the petitioner is that he is ill because he has kidney stone. That is not a serious problem which can be cured through medication or through minor surgery. The petitioner is a skilled labourer who knows plumbing, electrical work, etc. The Family Court
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.
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 court reaffirmed that the maintenance provisions aim to uphold the dignity and support of women, emphasizing social justice in interpretation.
The court reaffirmed the importance of maintaining a wife's dignity through established financial support post-separation, emphasizing the husband's legal obligations under Section 125 Cr.P.C.
Section 125 of Cr.P.C. mandates maintenance to protect the dignity and rights of women and children abandoned by husbands.
Maintenance under Section 125 Cr.P.C. ensures women's rights to sustenance, prioritizing dignity and status over fault in marital disputes.
The enhancement of maintenance must ensure a spouse can sustain a dignified lifestyle, reflecting their status in marriage.
A husband's obligation to maintain his wife and children persists irrespective of his employment status, and cannot be evaded based on personal grievances.
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