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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 :
1. This revision petition is filed against the order dated 30.06.2022 in MC No.20/2019 of Family Court, Chavara. As per the above order, the Family Court granted maintenance to the respondents wife and children. Aggrieved by the same, this revision petition is filed.
2. Heard.
3. The marriage and paternity are not disputed. The petitioner took a contention before the Court that children are staying with him. The Court directed the petitioner to take out a commission; but the petitioner refused. Subsequently the 1st respondent produced the children before the Court. It will be better to extract paragraphs 23 and 25 of the above judgment:
“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
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 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.
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.
(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 ....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
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