K. K. RAMAKRISHNAN
K. Muthukumar – Appellant
Versus
A. Arasi – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the order passed in M.C.No.18 of 2019 dated 06.07.2022 on the file of the Family Court, Virudhunagar District, at Srivilliputhur and allow this criminal revision petition.)
1. This petition is filed to set aside the order passed in M.C.No.18 of 2019 dated 06.07.2022 on the file of the Family Court, Virudhunagar District, at Srivilliputhur.
2. The petitioner/husband filed the revision petition challenging the maintenance order granted in favour of the respondents herein. The first respondent is the wife and second and third respondents are his children. The petitioner married the first respondent on 12.04.2012. Out of their wedlock, the second and third respondents were born. Since both are female children, the petitioner advised the first respondent to get treatment for birth of male child. This led to a dispute. In view of the above dispute, the wife left the matrimonial home and she is living with the children in her parents home. Subsequently, the petitioner filed the H.M.O.P.No.74 of 2019 for divorce. In the said circumstances, the wife made a com
: 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....
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....
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....
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.
The main legal point established in the judgment is the court's discretion in determining the appropriate amount of maintenance under Section 125 of the Criminal Procedure Code based on the evidence ....
A husband must prove genuine inability to maintain family; onus lies on him, given his earning capacity. Maintenance for wife is contingent on her ability to sustain her prior standard of living.
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 main legal point established in the judgment is the court's authority to enhance the maintenance amount under Section 125 Cr.P.C. based on the income of the respondent-husband and the needs of th....
The court emphasized the financial capacity of the husband and the settled position of law regarding the commencement date of maintenance payments.
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