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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SANTHAKUMAR – Appellant
Versus
SAJITHA – Respondent
| Table of Content |
|---|
| 1. interim maintenance challenges and obligations of spouses. (Para 1 , 2) |
| 2. petitioner's claims regarding shared residence and maintenance rights. (Para 3) |
| 3. court's determination on reasonableness of maintenance. (Para 4) |
J U D G M E N T
This Original Petition has been filed challenging the interim order of maintenance passed in a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') / Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ' BNSS ').
2. The petitioner is the husband and the respondent is the wife. The marriage is not in dispute.
3. Admittedly, the petitioner is drawing a salary of Rs.65,000/- per month. The definite case of the respondent is that she does not have any job or source of income. The petitioner, being the legally wedded husband of the respondent, is legally and morally bound to maintain his wife. The learned counsel for the petitioner submitted that both the petitioner and the respondent are residing under the same roof and that the petitioner is providing maintenance. Hence, the respondent is not entitled to claim maintenance. That is a matter which is to be decided at the time o
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