Under Section 125 CrPC, it is to be seen whether husband neglected the wife and refused to maintain her

Karnataka High Court: A Single Judge Bench comprising of K.N. Phaneendra, J., dismissed a petition preferred against the Order passed by the Family Judge whereby the petitioner (the husband) was directed to pay a sum of Rs. 10,000 p.m. to Respondent 1 (the daughter) and Rs. 5000 p.m. to Respondent 2 (the wife), towards maintenance under Section 125 CrPC.

The wife and the daughter of the petitioner filed an application under Section 125 for claiming maintenance from him on the grounds that the petitioner had neglected and refused to maintain them; in spite of repeated requests, he did not make any arrangements for their welfare. Learned trial Court allowed the application and ordered the petitioner herein, to pay maintenance as mentioned hereinabove. The petitioner challenged the said Order of the trial Court in the instant petition.

The High Court perused the record and found that the husband and the wife had abandoned their conjugal company and they were not living together, and the wife and the daughter were living separately. It was also noted that the petitioner did not make any arrangements before the wife going to the Court for maintenance. The Court observed that under Section 125 CrPC, it is only to be seen that whether the husband has neglected the wife and refused to maintain her and the child; which was abundantly clear in the case at hand. Looking at the income of the petitioner and the admitted position regarding the expenditure required for proper living of the child and the wife, the Court held that the amount of maintenance as provided by the learned trial court did not call for any interference. Consequently, the Order impugned was upheld and the petition was dismissed. [Rahul v. Kaveri,2017 SCC OnLine Kar 452, order dated 12-04-2018]

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