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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SATHI KUMAR SUKUMARA KURUP
K.R. Raja @ Logesh – Appellant
Versus
R. Sudha @ Hemalatha – Respondent
ORDER :
1. As against the order dated 21.01.2020 passed in M.C. No. 224 of 2018 on the file of the learned IV Additional Judge, Family Court, Chennai, both these Criminal Revisions are filed. While Criminal Revision No. 332 of 2020 was filed by the husband seeking to set aside the order dated 21.01.2020, the wife and the children together have filed Criminal Revision No. 419 of 2020 seeking to enhance the maintenance amount awarded by the learned IV Additional Judge, Family Court, Chennai.
2. As the issues involved in both the Criminal Revisions are one and the same, they are taken up for hearing together for disposal.
3. For the sake of convenience, the parties are referred to as per their litigative status in M.C. No. 224 of 2018 as Petitioners and Respondent respectively.
4. The facts of the case are briefly stated as follows:
4.1. The Maintenance Case No.224 of 2018 was filed by the first Petitioner/wife on her behalf and on behalf of her two minor children under Section 125 of Code of Criminal Procedure, seeking maintenance from the husband/Respondent. As per the petition averments, the first Petitioner married the Respondent on 02.03.2008 and the marriage was solemnised at Naghara
The court affirmed the maintenance amount awarded, considering the husband's reduced income due to economic factors while balancing the petitioners' needs for financial support.
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 determined that a spouse's maintenance allowance can be enhanced based on the applicant's affordability and living conditions of the respondent.
Maintenance decisions involve assessing the financial capacity of both spouses, the needs of dependents, and the evidence supporting claims of neglect or financial ability.
The court emphasized that maintenance amounts must match the living standards and financial capabilities of both parties, rejecting the husband's claim of poverty due to his affluent background.
The court upheld the lower court's decision, confirming that the husband was providing adequate maintenance and that the wife's demand for an increase was unjustified based on her own income and circ....
: 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....
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