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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SATHI KUMAR SUKUMARA KURUP, J
R. Murugan – Appellant
Versus
Mahalakshmi – Respondent
JUDGMENT :
This Criminal Revision has been filed praying to set aside the Judgment dated 26.08.2019 passed in M.C.No.38 of 2018 on the file of the Family Court, Dharmapuri. By the said order dated 26.08.2019, the Family Court directed the revision petitioner herein to pay a sum of Rs.6,250/- per month each to the respondents herein from the date of filing the F.C.M.C. No. 38 of 2018 viz., on 27.03.2018. It was also directed that the maintenance amount of the respondents 2 and 3 herein/children shall be given to the first respondent/wife from 27.03.2018 till they attain majority. The amount from 27.03.2018 to July 2019 and educational expenses for the year 2018-2019 and 2019-2020 be paid within one month from the date of the other. The further maintenance amount from August 2019 onwards to be paid within 5th of next succeeding month as per English Calander Month.
2. The brief facts, which are necessary for disposal of this Criminal Revision Case, are as follows:-
2.1. The Revision Petitioner herein has filed HMOP No. 33 of 2018 before the Family Court, Dharmapuri under Section 9 of The Hindu Marriage Act, for restitution of conjugal rights. In the said petition, among other things, it
The court upheld the Family Court's maintenance order, affirming the husband's legal obligation to support his wife and children despite claims of the wife's financial independence.
The obligation of a husband to maintain his wife and child is both legal and moral, requiring consideration of the immediate needs of dependents despite financial claims.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
A divorced woman not remarried is entitled to maintenance under Section 125, but the amount must reflect her financial independence.
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.
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