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P. VELMURUGAN
P. S. Giridharan – Appellant
Versus
Chitra – Respondent
JUDGMENT :
(Prayer: Criminal Revision Case filed under Sections 397 read with Section 401 of Cr.P.C. to set aside the order of the learned Judicial Magistrate, Tambaram, dated 04.04.2013 made in Crl.M.P.No.98 of 2012 in M.C.No.24 of 2011.)
1. The petitioner is husband and respondent is wife. The respondent/wife filed petition before the learned Judicial Magistrate, Tambaram, under Section 125 Cr.P.C. seeking maintenance of Rs.12,000/-, in which the learned Magistrate ordered Rs.8000/- as interim maintenance, against which, the husband filed present revision.
2. The case of the respondent/wife is that the marriage between the petitioner and the respondent took place on 27.11.2009 at Sri Sumathy Kalyana Mandapam, Trichy, and due to misunderstanding the petitioner and the respondent living separately. The respondent/wife filed a petition for divorce in H.M.O.P.No.346 of 2010 and got the decree of divorce and since the petitioner/husband is a man of means and he neglected to maintain his wife, the wife has filed a petition under Section 125 Cr.P.C. seeking maintenance of Rs.12,000/- and she also filed a miscellaneous petition in C.M.P.No.98 of 12. The learned Magistrate after hearing bot
The entitlement to maintenance under Section 125 Cr.P.C. is not barred by the grant of maintenance under Section 24 of the Hindu Marriage Act if the husband neglects to maintain the wife.
A divorcee is entitled to maintenance under Section 125 of the Criminal Procedure Code, and courts can consider subsequent developments even without formal pleadings.
Entitlement to maintenance under Section 125 of the Code of Criminal Procedure despite existing maintenance from another proceeding.
A husband is liable to pay maintenance to his wife and minor children under Section 125 Cr.P.C., even if he alleges that the wife is living in adultery.
Relationship between parties as husband and wife imposes obligation on both to live together with each other as they were living as husband and wife and if they are living together as husband and wif....
Grant of Maintenance – Provision provided under Section 125 of Cr.P.C. is a measure of social justice extended to protect rights of wife and minor children with object to prevent vagrancy and destitu....
The main legal point established in the judgment is the maintainability of a maintenance petition filed by a petitioner for herself and on behalf of her minor brother, and the exercise of suo motu po....
The court emphasized the summary nature of proceedings under Section 125 of the Central Code of Criminal Procedure and the presumption of marriage even in live-in relationships, highlighting the onus....
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