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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SATHI KUMAR SUKUMARA KURUP, J
Muralidharan – Appellant
Versus
Pramila – Respondent
ORDER :
This Criminal Revision had been filed to set aside the Order dated 21.10.2019 passed by the learned Judge, Family Court, Vellore in F.C.M.C. No. 29 of 2017.
2. The brief facts, which are necessary for consideration in this Criminal Revision, are as follows:-
2.1. According to the Respondents, the marriage between the first Respondent and the Petitioner herein was solemnised on 23.05.2004 as per Hindu rites and customs. Even after marriage, the Petitioner continued to demand dowry from the first Respondent. Before marriage, the first Respondent was employed as a Nurse but the parents of the Petitioner did not like her to continue the job and curtailed her economic freedom. For the expenses in the matrimonial home, the first Respondent depended on the Petitioner herein and the Petitioner paid all the salary to his parents. The first Respondent lived in a joint family consisting of the father, mother, sister, brother and brother's wife of the Petitioner herein. In the matrimonial home, among the three rooms, one room was allotted to sister of the Petitioner by name Geetha, another one was allotted to Kumaran and the other one was allotted to the parents of the Petitioner. The Pet
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
The court emphasized the husband's legal obligation to maintain his wife, particularly in cases of cruelty and dowry demands, reaffirming the purpose of Section 125 of the Cr.P.C. to prevent destitut....
Maintenance must ensure reasonable support without unjust enrichment, requiring balance between the parties' financial capacities and needs regardless of income disparities.
(1) Award of maintenance – Maintenance is neither a mode of punishment nor a measure of unjust enrichment – It is a social justice measure intended to prevent destitution and vagrancy, ensuring that ....
A divorced woman not remarried is entitled to maintenance under Section 125, but the amount must reflect her financial independence.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
The right to maintenance under Section 125 Cr.P.C. cannot be denied based on a wife's qualifications or potential earnings, especially when she has sacrificed her career for matrimonial duties.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
The main legal point established in the judgment is the obligation of a husband to pay maintenance to his wife, considering the wife's inability to maintain herself and the husband's financial capaci....
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