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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Sai Kiran Vishwagna Saraph – Appellant
Versus
Ravula Jyothi – Respondent
| Table of Content |
|---|
| 1. overview of maintenance case and initial ruling. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding respondent's capability and abandonment. (Para 6 , 7 , 18) |
| 3. court's assessment of evidence and credibility. (Para 9 , 11 , 14 , 21) |
| 4. legal standards for granting maintenance. (Para 20 , 22 , 24) |
| 5. final ruling and implications of findings. (Para 25 , 26) |
ORDER :
2. This Criminal Revision Case is preferred by the petitioner/respondent aggrieved by the order passed by the learned Judge, Family Court-cum-IV Additional District and Sessions Judge at Karimnagar in F.C.M.C.No.14 of 2021, dated 14.02.2025, wherein, the said petition was allowed in part directing the petitioner herein to pay monthly maintenance at Rs.12,000/- to the respondent herein on or before 5th of every succeeding month from the date of filing of the petition excluding the payment of interim maintenance amount paid if any to the respondent. The petitioner herein was further directed to pay the arrears of maintenance in three equal instalments within three months from the date of order.
4. It is the claim of the petitioner that he is unemployed that never subjected the respondent to physical and mental cruelty
Providing maintenance requires proof of the wife's inability to support herself; unsubstantiated claims do not merit legal relief.
A wife is entitled to maintenance from her husband if she is unable to maintain herself and the husband has sufficient means to provide maintenance.
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.
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
A husband's obligation to maintain his wife under Section 125 Cr.P.C. does not extend to cover her financial mismanagement or extensive debts incurred unrelated to family needs.
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
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