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.

ORDER :

1. This Criminal Revision Case has been filed to set aside the order passed by the learned Additional Principal Judge, Additional Principal Family Court, Coimbatore in Crl.M.P. No. 80 of 2021 in M.C. No. 78 of 2020 dated 25.10.2021.

2. The brief facts, which are necessary for the disposal of this Criminal Revision Case, are as follows:-

2.1. The Revision Petitioner/husband is the Respondent in the maintenance case filed by the Respondent/wife. The maintenance case is filed by the wife/Respondent claiming maintenance for herself and for her minor child. The wife's contention in the maintenance case is that the marriage between the Petitioner and the first Respondent was solemnized on 31.08.2013 as per Islamic rites and customs. Due to the wedlock, the second Respondent was born during October 2014. The marriage is the second marriage for the first Respondent and the first Respondent is having another female child through her earlier marriage. According to the first Respondent, the matrimonial life was by and large peaceful until the year 2019. It is stated that the Revision Petitioner herein is running a furniture show room and for development of his business, he has often demanded money from the father of the first Respondent and this has resulted in matrimonial discord between the couple. According to the first Respondent, she mortgaged the property which stood in her name, arranged a loan and paid it to the Revision Petitioner. Notwithstanding the same, the Revision Petitioner sought some more money and therefore, the first Respondent obtained a second loan and paid the money to him. After receipt of the loan amount, the Revision Petitioner started ill treating the first Respondent. The Revision Petitioner also compelled the first Respondent to sell the residential house standing in her name and settle the loan amount borrowed by the Revision Petitioner. When the first Respondent did not give her consent to sell the house, she was subjected to matrimonial cruelty by the Revision Petitioner. However, the Revision Petitioner has given a false complaint against the first Respondent and her father as if they have ill- treated the Revision Petitioner. On enquiry, the Police Officials have found that the complaint given by the Revision Petitioner is per se false and vexatious and therefore, they have warned the Revision Petitioner not to give such false complaint. Thereafter, on 09.01.2020, the Revision Petitioner had taken out all his belongings and left the matrimonial home.

2.2. Thus, from January 2020, the Revision Petitioner left the matrimonial company of the first Respondent. The Respondents are taken care of by the parents of the first Respondent. The Respondents are finding it extremely difficult to meet their basic needs. The first Respondent therefore sent a legal notice on 03.09.2020 calling upon the Revision Petitioner to pay maintenance to them. On 17.09.2020, the Revision Petitioner sent a reply notice denying the averments made on behalf of the Respondents. Thereafter, the Respondents have filed M.C. No. 78 of 2020 before the learned Additional Principal Judge, Additional Principal Family Court, Coimbatore seeking to direct the Revision Petitioner to pay a sum of Rs.20,000/- per month towards maintenance for the first Respondent, Rs.15,000/- per month to the second Respondent, totalling Rs.35,000/- per month.

2.3. On notice, the Revision Petitioner filed a detailed counter statement in which he denied the entire averments made in the