A husband has a moral and legal obligation to maintain an ailing wife who is incapable of self-support, and maintenance amounts are determined based on the husband's actual capacity and the wife's medical necessidades and cost of living.

THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT., AGAINST THE ORDER DATED 15.07.2024 PASSED IN CRL. MISC NO.201/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C., FOR MAINTENANCE.

THIS REVISION PETITION FAMILY COURT HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 23.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

This RPFC is filed under Section 19(4) of the Family Courts Act, by the petitioner/husband against the Judgment dated 15.07.2024 passed by the Principal Judge, Family Court, Tumakuru in Crl.Misc.No.201/2021, allowing the petition and granting maintenance of Rs.20,000/- p.m., to the wife till her lifetime or till she gets remarried.

2. Petitioner before this Court is the husband respondent before the Family Court and respondent before this Court is the wife-petitioner before the Family Court.

Brief facts of the case are as under:

3. The marriage between the petitioner and the respondent was solemnized on 13.12.1999. Out of the wedlock, a son by name Ravi was born and he is now aged 25 years. That after the birth of the son, the respondent developed serious illness, suffering from Rheumatoid Arthritis, she was not able to walk on her own and not able to do any household work.That with the consent of the respondent, the petitioner married Smt.Radhamma and all of them were living together.

4. It is stated that after some time, the respondent left the matrimonial home and residing in her parental house from 2016 onwards. Respondent is taking care of petitioner-wife, but in spite of that at the instigation of brother of petitioner, respondent has filed Crl.Misc.No.201/2021 invoking provisions of Section 125 of Cr.P.C., seeking maintenance of Rs.20,000/- p.m.

5. The records reveal that as per orders on I.A.No.II dated 04.12.2021 ordered the respondent to pay interim maintenance of Rs.15,000/- p.m.,and litigation expenses of Rs.2,000/- during pendente lite of the proceedings.

6. The respondent filed statement of objections denying the averments of petition. In support of his case, respondent-wife was examined as PW.1 and son of the respondent-wife was examined as PW.2 and produced documents Ex.R1 to Ex.R3. Petitioner-husband was examined as RW.1 and produced documents, Ex.R1 to Ex.R3. The petition was allowed by the Family Court and maintenance of Rs.20,000/- p.m., was awarded to the wife till her lifetime or till she gets remarried. Further, litigation expenses of Rs.20,000/- was awarded to the respondent.

7. It is submitted by the learned counsel for the petitioner/husband that since the respondent was suffering from serious ailment, she was not able to perform the marital obligations and day today household work. Therefore, with the consent of the respondent, second marriage was performed. However, the respondent started residing separately in her parental house since 2016. It is submitted that he is taking care of medical and other expenses of respondent/wife, but at the instigation of brother of respondent/wife, the proceedings are initiated. The properties mentioned in the petition are the joint family properties to be partitioned among his brothers and sisters who are six in numbers and hence, the petitioner is entitled to only 1/6 share in the suit schedule properties subject to result of the suit. Further there is no property standing in th