R. PONGIAPPAN
Venkatesan – Appellant
Versus
Renuka – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition has been filed under Section 397 & 401 of the Code of Criminal Procedure, praying to set aside the order dated 25.09.2019 made in M.C.No.5 of 2017 on the file of the learned Principal Judge, Principal Family Court, Coimbatore and discharge the petitioner from the above case.)
1. This Criminal Revision Petition has been filed, seeking to set aside the order dated 25.09.2019 passed in M.C.No.5 of 2017 by the learned Principal Judge, Principal Family Court, Coimbatore.
2. The facts of the case is that the revision petitioner is the husband of the first respondent. The first respondent/wife had filed a petition in M.C.No.5 of 2017 under Section 125 of Cr.P.C., seeking maintenance from the petitioner/husband for herself and for her son, who is arrayed as second petitioner. The learned Principal Judge, after affording an opportunity to the revision petitioner, by order dated 25.09.2019 came to the conclusion that the petition filed by the first respondent/wife is allowable and also directed the petitioner to pay monthly maintenance for a sum of Rs.9,000/-. Further, the learned Judge has directed the petitioner to pay a sum of Rs.10,000/- towards
The court upheld the order for maintenance based on the husband's income and the wife's inability to maintain herself under Section 125 of Cr.P.C.
The central legal point established in the judgment is the husband's liability to pay maintenance if the wife is unable to maintain herself and if the husband has sufficient means, as per Section 125....
: FIXATION OF MONTHLY MAINTENANCE - First respondent as well as the revision petitioner are financially sound- Educational expenses of the respondents 2 and 3, status of the parties and the present e....
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
The court upheld the maintenance order by considering the earning capacity of the petitioner and the needs of the respondents, and took adverse inference under Section 114 of the Indian Evidence Act ....
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.
The central legal point established in the judgment is the entitlement of the wife to maintenance under section 125 of Cr.P.C. based on her inability to maintain herself and the husband's financial c....
The failure to prove allegations of adultery and paternity can make a party liable to pay maintenance under Section 125 of Cr.P.C.
A husband has a legal obligation to maintain his wife and children, which cannot be ignored despite personal hardships or the wife's income capacity.
A father is liable to pay maintenance to his minor child, even if the child is in the custody of the mother, if he has neglected to maintain the child and has the means to do so.
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