Case Note & Summary
The petitioners, Mahadevi @ Mahadevamma (wife) and Kumari Swetarani (daughter), filed a revision petition under Section 19(4) of the Family Courts Act, 1984, against the order dated 21.07.2016 passed by the District Judge, Family Court, Kalaburagi, in Crl.Misc.No.116/2013. The Family Court had awarded maintenance of Rs.2,500/- per month to the daughter from the date of petition till her marriage, but rejected maintenance to the wife. The petitioners sought enhancement of maintenance for the daughter and maintenance for the wife. The respondent, Baswanthrao B. Sappandi, is the husband and father, a retired Head Constable. The wife claimed she was married in 1978 and had three children, but the respondent neglected to maintain her and the daughter. The respondent contended that the wife was not his legally wedded wife and that the daughter was major and capable of earning. The High Court, after hearing both sides, held that the Family Court erred in rejecting maintenance to the wife and in awarding inadequate maintenance to the daughter. Considering the respondent's income as a retired Head Constable and the wife's inability to maintain herself, the court enhanced maintenance to Rs.5,000/- per month to the wife and Rs.3,000/- per month to the daughter from the date of petition. The revision petition was allowed accordingly.
Headnote
A) Family Law - Maintenance - Section 125 CrPC, Section 19(4) Family Courts Act, 1984 - Enhancement of Maintenance - The petitioners, wife and daughter, sought revision against the Family Court order awarding Rs.2,500/- per month to the daughter and rejecting maintenance to the wife. The High Court allowed the revision, enhancing maintenance to Rs.5,000/- per month to the wife and Rs.3,000/- per month to the daughter from the date of petition, considering the respondent's income and the wife's inability to maintain herself. Held that the Family Court erred in rejecting maintenance to the wife and in awarding inadequate maintenance to the daughter. (Paras 1-10)
Issue of Consideration
Whether the Family Court was justified in rejecting maintenance to the wife and awarding only Rs.2,500/- per month to the daughter, and whether the petitioners are entitled to enhancement of maintenance.
Final Decision
The revision petition is allowed. The order dated 21.07.2016 passed by the District Judge, Family Court, Kalaburagi, in Crl.Misc.No.116/2013 is modified. The respondent is directed to pay maintenance of Rs.5,000/- per month to the first petitioner (wife) and Rs.3,000/- per month to the second petitioner (daughter) from the date of petition. The arrears shall be paid within six months.
Law Points
- Maintenance to wife and daughter
- Section 125 CrPC
- Section 19(4) Family Courts Act
- 1984
- Enhancement of maintenance
- Rejection of maintenance to wife
