The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.

ORDER :

This Criminal Revision had been filed to set aside the Order dated 21.10.2019 passed by the learned Judge, Family Court, Vellore in F.C.M.C. No. 29 of 2017.

2. The brief facts, which are necessary for consideration in this Criminal Revision, are as follows:-

2.1. According to the Respondents, the marriage between the first Respondent and the Petitioner herein was solemnised on 23.05.2004 as per Hindu rites and customs. Even after marriage, the Petitioner continued to demand dowry from the first Respondent. Before marriage, the first Respondent was employed as a Nurse but the parents of the Petitioner did not like her to continue the job and curtailed her economic freedom. For the expenses in the matrimonial home, the first Respondent depended on the Petitioner herein and the Petitioner paid all the salary to his parents. The first Respondent lived in a joint family consisting of the father, mother, sister, brother and brother's wife of the Petitioner herein. In the matrimonial home, among the three rooms, one room was allotted to sister of the Petitioner by name Geetha, another one was allotted to Kumaran and the other one was allotted to the parents of the Petitioner. The Petitioner and the first Respondent stayed in the room allotted to the sister of the Petitioner herein. On 04.08.2015, the second Respondent was born and after the birth of the second Respondent, when the first Respondent returned to the matrimonial home, the father of the Petitioner assaulted the first Respondent and the other family members attempted to untie the thali which was resisted by the first Respondent. The first Respondent was admitted in CMC Hospital, Vellore. Further, the second Respondent was suffering from congenital acyanotic heart disease and subaortic VSD with muscular extension severe PAH disease and the child is getting continued treatment. Every month, the second Respondent has to get injection at a cost of Rs.3,000/-. However, the Petitioner did not provide any amount for such treatment. Now, the second Respondent is studying VI Standard. The Petitioner has properties of his own and he is a wealthy man. Considering the reasonable medical and other expenses to be met by the Respondents, the first Respondent filed the Maintenance Case under Section 125 of The Code of Criminal Procedure , praying to grant a sum of Rs.10,000/- to her and another sum of Rs.15,000/- to the second Respondent.

2.2. Resisting the Maintenance Petition, the Petitioner filed a counter affidavit stating that it is true that the marriage was solemnised on 23.05.2004 but there was no demand for dowry, as has been alleged by the first Respondent. After marriage, the first Respondent did not extend her cooperation to do the house hold chores in the joint family. The first Respondent also deserted the matrimonial company of the Petitioner often. After compromise, the first Respondent will come back to the matrimonial home. When the first Respondent was pregnant, due to a petty quarrel, she jumped from the cot by saying that she does not want to live with him and will not carry the womb and fought with the Petitioner. On 05.12.2004, the first Respondent thrown out the thali and went to her parents house. On 04.08.2015, upon information that the second Respondent was born, the Petitioner went to the first Respondent's parents house where he was disrespected. During the year 2016, when it was diagnosed that the second Respondent was suffering from a cardiac disease, the father of the Petitioner paid Rs.1,50,000/- to save the child. Even though the Respondents were invited to the matrimonial home, the first Respondent refused to come back. Even though a panchayat was convened, the first Respondent refused to come back to the matrimonial home. Earlier, the Petitioner therefore filed HMOP No. 228 of 2010 and it was transferred to Family Court, Vellore and on 26.07.2017, the Petition was allowed. During that time, the first Respondent was in receipt of Rs.10,000/- toward