Case Note & Summary
The case involves a revision petition filed by the husband under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 08.03.2016 passed by the V Addl. Principal Judge, Family Court, Bengaluru, in C. Misc. No. 355/2010. The wife had filed a petition under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance of ₹25,000 per month and ₹10,000 towards litigation expenses. The marriage was solemnized on 03.06.1982, and a son was born. The wife alleged that the husband, an employee of ISRO with a salary of ₹50,000 per month and other income, neglected to maintain her. The husband denied the allegations and claimed that the wife was living in adultery and had deserted him. The Family Court awarded maintenance of ₹15,000 per month from the date of petition. The High Court examined the evidence and found that the husband failed to prove the wife's adultery or desertion. The court held that the wife was entitled to maintenance and that the quantum was just and proper. The revision petition was dismissed.
Headnote
A) Family Law - Maintenance under Section 125 Cr.P.C. - Wife's Right to Maintenance - The court upheld the Family Court's order granting maintenance to the wife, holding that the husband failed to prove the wife's adultery or that she was living in adultery, and that the wife's refusal to live with the husband without sufficient cause was not established. (Paras 1-20) B) Family Law - Maintenance - Quantum of Maintenance - The court found that the maintenance of ₹15,000 per month was just and proper considering the husband's income and the wife's needs, and that the wife was entitled to maintenance from the date of petition. (Paras 15-20)
Issue of Consideration
Whether the Family Court was justified in awarding maintenance of ₹15,000 per month to the wife under Section 125 Cr.P.C. and whether the husband's allegations of adultery and desertion were sufficient to deny maintenance.
Final Decision
The High Court dismissed the revision petition, upholding the Family Court's order granting maintenance of ₹15,000 per month to the wife.
Law Points
- Maintenance under Section 125 Cr.P.C.
- Wife's right to maintenance
- Burden of proof on husband alleging adultery
- Quantum of maintenance
- Interim maintenance
