Case Note & Summary
The revision petition was filed by the wife and minor son against the order dated 14.10.2010 passed by the Judge, Family Court, Belgaum in Criminal Miscellaneous No.375 of 2008. The Family Court had rejected the wife's claim for maintenance and granted only Rs.500/- per month to the son till he attains majority. The petitioners alleged that after marriage, the respondent and his family subjected the wife to physical and mental cruelty in connection with unlawful demands, and when she was 4 months pregnant, drove her out of the matrimonial home. She took shelter in her parental house. The respondent contested the petition, claiming that the wife left voluntarily and that he had sufficient income. The Family Court held that the wife is capable of earning and therefore not entitled to maintenance, but granted Rs.500/- per month to the son. The High Court found that the Family Court erred in denying maintenance to the wife solely on the ground of earning capacity, as the wife is entitled to maintenance if she is unable to maintain herself. The High Court also found that Rs.500/- per month for the son was inadequate. Considering the respondent's income from transport business and the needs of the son, the High Court enhanced the son's maintenance to Rs.1,500/- per month till he attains majority. The wife was also held entitled to maintenance, but the High Court did not specify a quantum for the wife, instead remanding the matter to the Family Court to determine the quantum of maintenance for the wife. The revision petition was partly allowed.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Wife's Right to Maintenance - Wife is entitled to maintenance even if she has earning capacity, as long as she is unable to maintain herself - The Family Court erred in rejecting the wife's claim solely on the ground that she is capable of earning - Held that the wife is entitled to maintenance from the husband (Paras 5-7). B) Family Law - Maintenance - Section 125 CrPC - Quantum of Maintenance - Son's Maintenance - The Family Court granted only Rs.500/- per month to the son, which is inadequate - Considering the husband's income and the son's needs, the maintenance is enhanced to Rs.1,500/- per month till the son attains majority (Paras 8-9).
Issue of Consideration
Whether the Family Court was justified in denying maintenance to the wife and granting only Rs.500/- per month to the son, and whether the quantum of maintenance should be enhanced.
Final Decision
The revision petition is partly allowed. The order of the Family Court dated 14.10.2010 is modified. The son is entitled to maintenance of Rs.1,500/- per month from the date of petition till he attains majority. The wife is entitled to maintenance, and the matter is remanded to the Family Court to determine the quantum of maintenance for the wife. The respondent is directed to pay arrears of maintenance to the son at the enhanced rate within three months.
Law Points
- Maintenance under Section 125 CrPC
- wife's right to maintenance despite earning capacity
- son's maintenance till majority
- quantum of maintenance
- revision under Section 19(4) of Family Courts Act
