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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SATHI KUMAR SUKUMARA KURUP, J
Janaki – Appellant
Versus
Kanagaraj – Respondent
ORDER :
(SATHI KUMAR SUKUMARA KURUP, J.)
This Criminal Revision Case had been filed to set aside the Order dated 13.10.2021 passed in M.C.No.57 of 2019 on the file of the learned Judge, Family Court, Cuddalore.
2. The brief facts, which are necessary for disposal of this Criminal Revision Case, are as follows:-
2.1. The marriage between the Petitioner and the Respondent was solemnised at TVMS Thirumana Mahal, Cuddalore on 06.04.2011. The Petitioner studied only upto 6th Standard and she lost her father at young age. Therefore, it is stated that she was brought up by her mother and her elder brother. Similarly, the Respondent studied upto 8th Standard. At the time of the marriage, the Respondent's family represented that they had 10 acres of agricultural land and two brick built houses. It was also stated that the Respondent was the owner of TATA ACE load vehicle and earning more than Rs.20,000/- per month. According to the Petitioner, the Respondent's family demanded dowry of 50 sovereigns of gold to the Petitioner, 10 sovereigns of gold to the Respondent, household articles worth Rs.5 lakhs and Rs.2 lakhs for purchase of two wheeler. Even though the mother of the Petitioner and her br
The court modified the maintenance amount to Rs.7,000/- per month, emphasizing the husband's duty to maintain his wife and the need for the amount to reflect the cost of living.
Maintenance awarded by the Family Court must not exceed one-third of the paying spouse's income, considering their financial capacity and the needs of the dependents.
Maintenance decisions involve assessing the financial capacity of both spouses, the needs of dependents, and the evidence supporting claims of neglect or financial ability.
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.
A husband is legally obligated to maintain his wife and child, and claims of desertion must be substantiated to deny such maintenance.
The husband's responsibility to maintain the wife and the court's duty to balance the situation by considering the dependents on the husband and prevailing circumstances.
A husband must provide reasonable maintenance to his wife and children based on his income, and courts can modify maintenance orders if they find them unreasonable.
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.
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