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K. MURALI SHANKAR
Loyola Selva Kumar – Appellant
Versus
M. Sharon Nisha – Respondent
JUDGMENT
(Prayer: This Criminal Revision has been filed under Section 397(1) r/w 401 of Criminal Procedure Code, to set aside the order passed in M.C.No.26 of 2019 on the file of the Family Court, Tirunelveli, dated 23.03.2021.)
This Criminal Revision Petition is directed against the order passed in M.C.No.26 of 2019, dated 23.03.2021 on the file of the Family Court, Tirunelveli, granting maintenance.
2. The first respondent, alleging that the marriage between her and the revision petitioner was solemnized on 26.01.2018 at the petitioner's parents home, Sankar Nagar, Tirunelveli and due to their wedlock, the second respondent was born to them; has filed an application claiming maintenance for herself and for her minor daughter under Section 125 of the Code of Criminal Procedure. The revision petitioner has filed counter statement disputing the very marriage and also the paternity to the second respondent and consequently, liability to pay maintenance.
3. During enquiry, the first respondent has examined herself as P.W.1 and exhibited 13 documents as Ex.P.1 to Ex.P.13. The revision petitioner has examined himself as R.W.1 and exhibited one document as Ex.R.1. The learned Judge of the Fa
Strict proof of marriage is not required in a maintenance proceeding under Section 125 of Cr.P.C.
The legal principle established is that a husband has a duty to maintain his wife and children, and failure to provide adequate evidence of financial hardship can result in the court awarding mainten....
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
A divorced woman is entitled to claim maintenance under Section 125 Cr.P.C., as per Explanation (b) to the section, which includes divorced women as wives.
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