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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Jubairiya D/o Muhammed – Appellant
Versus
Saidalavi N. S/o Biyyumma – Respondent
| Table of Content |
|---|
| 1. petitioner claims maintenance under crpc. (Para 2) |
| 2. respondent's incapacity due to blindness and begging. (Para 4 , 5) |
| 3. the court questions the validity of marriage and claims of cruelty. (Para 6 , 7) |
| 4. discussion on customary law and responsibilities. (Para 8 , 9) |
| 5. court stresses state responsibility towards beggars. (Para 10 , 12) |
ORDER :
, which means: “Don’t put your hand into a begging bowl”. But, it is to be remembered that ‘Saidalavi’ is also not a saint. Even though he is blind and a beggar, as stated by ‘Jubairiya’ who is his second wife, (his first wife is also alive) ‘Saidalavi’ has been threatening Jubairiya that he will soon enter into a third marriage with another lady. I do not want to make any further observations about the same at this stage.3. Heard the learned counsel for the re
A beggar cannot be compelled to provide maintenance under Section 125 CrPC, even in a polygamous context, highlighting the intersection of criminal law and customary marriage obligations.
A wife can claim maintenance despite living separately if valid reasons exist, such as a husband's second marriage.
A petitioner seeking maintenance under Section 125 Cr.P.C. must prove a marital relationship, albeit with a less strict standard of proof.
A Muslim wife can claim maintenance even if living separately due to her husband's second marriage, which constitutes sufficient reason under Section 125(4) of Cr.P.C.
Point of Law : It is seen that learned Court below committed no error or mistake while passing the judgment and order granting the maintenance to the respondent/1st party.
Section 125 provides maintenance to wives, children and parents who are unable to maintain themselves.
A wife is entitled to maintenance even if she has her own income, ensuring her standard of living is maintained according to her husband's financial status.
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