Case Note & Summary
The revision petition was filed by the wife and four minor children challenging the order dated 22.03.2019 passed by the III Additional Principal Family Court, Mysuru, in Crl.Misc.No.173/2016, which rejected maintenance to the wife and granted only Rs.1,000 per month per child to the minor children. The relationship between the parties was not disputed. The petitioners alleged cruelty and ill-treatment by the respondent husband, compelling them to leave the matrimonial home and reside separately. The Family Court denied maintenance to the wife on the ground that she failed to prove cruelty and ill-treatment, and granted meager maintenance to the children. The High Court, after hearing both sides, held that the wife is entitled to maintenance under Section 125 Cr.P.C. unless she is living in adultery or refuses to live with her husband without sufficient reason. The court found that the wife had sufficient reason to live separately due to cruelty and ill-treatment. Regarding the quantum, the High Court held that the maintenance of Rs.1,000 per month per child was inadequate and enhanced it to Rs.3,000 per month per child, considering the needs of growing children and the husband's capacity to earn. The court also directed the husband to pay Rs.5,000 per month to the wife. The revision petition was allowed in part, and the order of the Family Court was modified accordingly.
Headnote
A) Family Law - Maintenance - Section 125 Cr.P.C. - Entitlement of Wife - The Family Court denied maintenance to the wife on the ground that she failed to prove cruelty and ill-treatment, but the High Court held that the wife is entitled to maintenance unless she is living in adultery or refuses to live with husband without sufficient reason. The court found that the wife had sufficient reason to live separately due to cruelty and ill-treatment. (Paras 4-6) B) Family Law - Maintenance - Quantum - Section 125 Cr.P.C. - Minor Children - The Family Court granted only Rs.1,000 per month per child, which was held to be inadequate. The High Court enhanced it to Rs.3,000 per month per child, considering the needs of growing children and the husband's capacity to earn. (Paras 7-9) C) Family Law - Maintenance - Section 125 Cr.P.C. - Wife's Maintenance - The High Court directed the husband to pay Rs.5,000 per month to the wife, holding that the wife is entitled to maintenance to prevent vagrancy and destitution. (Para 10)
Issue of Consideration
Whether the Family Court was justified in denying maintenance to the wife and granting inadequate maintenance to the minor children under Section 125 Cr.P.C.
Final Decision
The revision petition is allowed in part. The order of the Family Court is modified. The respondent is directed to pay maintenance of Rs.5,000 per month to the wife and Rs.3,000 per month per child to the minor children from the date of the petition. The arrears to be paid within six months.
Law Points
- Maintenance under Section 125 Cr.P.C. is intended to prevent vagrancy and destitution
- wife entitled to maintenance unless she is living in adultery or refuses to live with husband without sufficient reason
- quantum of maintenance must be just and proper considering status and needs of claimants and capacity of husband
- minor children entitled to maintenance irrespective of wife's entitlement
