Maintenance proceedings under Section 125 CrPC are civil in nature, emphasizing social justice for vulnerable parties; thus, Family Courts may accept evidence via affidavit per Section 10 of the Family Courts Act, 1984, to ensure speedy relief without relying on strict adversarial technicalities.

Headnote:(A) Family Courts Act, 1984 - Section 10 and 19(4) - Code of Criminal Procedure, 1898 - Section 125 - Maintenance to parents - Acceptance of affidavit evidence - Propriety of - The court held that while dealing with maintenance claims of destitute parents/wife, the court must adopt a purposive interpretation to achieve social justice - High Court emphasized that Family Courts are empowered to follow their own procedure to arrive at the truth, and receiving evidence by way of affidavit is permissible and not illegal where the parties have not objected during the lower court proceedings.

Facts of the case:
The petitioner (respondent in original petition) challenged a Family Court order granting Rs. 5,000/- monthly maintenance to his aged mother. He contended that the procedure of accepting affidavit evidence was improper and that he was denied opportunity to produce witnesses.

Findings of Court:
The Court held that the contention regarding procedural illegality was raised for the first time in revision and that the petitioner, having participated in the proceedings, was estopped from challenging the method of evidence collection.

Issues: Whether the Family Court's acceptance of affidavit evidence was erroneous and whether the petitioner was denied sufficient opportunity to present his defense.

Ratio Decidendi: Maintenance proceedings under Section 125 CrPC are civil in nature and intended for social justice; thus, procedural technicalities should not supersede the objective of providing speedy relief to vulnerable groups. Family Courts have the discretion under Section 10 of the Family Courts Act to determine their own procedures.

Result: Revision petition dismissed.

THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT’S ACT 1984 PRAYING THAT THE JUDGMENT AND ORDER DATED 08.01.2015 IN CRL.MISC.NO.428/2019 PASSED BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN AWARDING MAINTENANCE OF RS.5,000/- FROM JANUARY 2022 TILL HER LIFETIME, MAY BE KINDLY BE SET ASIDE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 13.03.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, MADE THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

CAV ORDER

1. Revision petitioner/respondent has filed this revision petition under Section 19(4) of Family Courts Act, 1984 praying for setting aside the order dated 08.01.2025 in Crl.Misc.428/2019 on the file of I Additional Principal Judge, Family Court, Belagavi (for short hereinafter referred to as ‘Family Court’) in awarding maintenance amount of ₹.5,000/- per month to the revision petitioner from January-2022 till her lifetime.

2. Parties would be referred with their ranks as they were before the Family Court for the sake of convenience and clarity.

3. Petitioner-mother of respondent has filed Crl.Misc.No.428/2019 under Section 125 of Criminal Procedure Code, 1973 (for short hereinafter referred to as Cr.P.C.) praying for monthly maintenance of ₹.15,000/- from respondent.

4. The case of petitioner before the Family Court in nutshell is that petitioner is widow and was doing vegetable vending business and from said income she has purchased Plot in Sy.No.22 of Vadagaon, Belagavi and also constructed a house in it. Respondent is her son and he sold the entire property situated at Muddebihal and Amaragol stood in the name of petitioner, without her knowledge. Petitioner has got another daughter by name Anasuya. Petitioner has performed her marriage and also the marriage of present respondent. The respondent taking undue advantage of innocence of petitioner, took all money belonged to her and established power loom in the house. Petitioner extended financial assistance of ₹.5,00,000/-. From the power loom, respondent started getting handsome profit. Thereafter, at the instigation of his wife, respondent started assaulting petitioner physically and was also abusing her in filthy language and stopped providing food, medicines and clothing to the petitioner. He also gave life-threat to the petitioner persuading her to transfer house property in his name. When petitioner refused to do so, on 25.09.2017 she was dragged out from the house with a threat that she will be murdered if she does not transfer the house property into the name of respondent. Hence, the petitioner has taken shelter in the house of her daughter.

5. It is the further case of petitioner that she also gave representation to Shahapur Police Station, Belagavi, but they have not taken any action. The petitioner is suffering from her old aged ailments and requires regular treatment. She is completely neglected by the respondent. Respondent is hale and healthy and earning ₹.5,00,000/- per annum. He has intentionally neglected the petitioner. Respondent is capable to pay maintenance of ₹.15,000/- and that much amount is required for day to day maintenance of the petitioner. Hence, prayed for allowing the petition.

6. After service of notice, respondent appeared through his counsel and filed his objection statement, wherein he admitted the relationship between the petitioner and respondent but denied all other averments made in the petition regarding purchase of the house property, throwing out the petitioner from it, installation of power loom in the property, etc. He contended that he is only working as daily labourer in power loom. Petitioner has already filed Crl.Misc.No.257/2018 under the Protection of Women from Domestic Violence Act, 2005 and it is pending for consideration. Only to harass the respondent, present petition is filed. He never objected the petitioner to reside with him in his house. The said house is ancestral property and respo

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2026 Supreme(Online)(Kar) 12222

Maintenance proceedings under Section 125 CrPC are civil in nature, emphasizing social justice for vulnerable parties; thus, Family Courts may accept evidence via affidavit per Section 10 of the Family Courts Act, 1984, to ensure speedy relief without relying on strict adversarial technicalities.

Cases Referred (2)