Court Grants Maintenance to Wife and Daughter

Court Grants Maintenance to Wife and Daughter

High Court Decision on Maintenance

In the case of RPFC No. 115 of 2017, the High Court of Karnataka at Bengaluru, under the Hon’ble Mr. Justice Hanchate Sanjeev Kumar, has issued a significant judgment regarding maintenance. The case involves U.V. Lakshmi and her minor daughter Ganavi, represented by her mother, filing against M. Harish, U.V. Lakshmi’s husband. The dispute arose from the denial of maintenance under Section 125 of the Cr.P.C. by the Family Court.

Petitioners’ Claim and Response

The petitioners, Lakshmi and Ganavi, alleged harassment and cruelty by M. Harish, leading to their separation. They sought maintenance, which the Family Court partially granted, awarding Rs. 2,000 per month to Lakshmi and Rs. 3,000 per month to Ganavi until her marriage. Dissatisfied, the petitioners appealed.

Court’s Analysis and Verdict

Upon review, the High Court found discrepancies in Harish’s claims about Lakshmi’s employment status. While Harish argued Lakshmi’s financial stability based on her past employment, the evidence was insufficient. The Court emphasized the responsibility of the husband to support his wife and daughter. Thus, it ordered maintenance of Rs. 6,000 per month for Lakshmi and Rs. 3,000 per month for Ganavi until her marriage.

Implications of the Judgment

This judgment sets a precedent for cases involving maintenance disputes, affirming the obligation of spouses to support each other and their children. It underscores the importance of presenting accurate evidence in court and ensures fair distribution of financial responsibilities in familial disputes.

Relevant Law Acts:

The case invokes Section 125 of the Criminal Procedure Code (Cr.P.C.), which addresses maintenance. Additionally, it references the Family Courts Act 1984, particularly Section 19(4), under which the revision petition was filed.

Overall, the High Court’s decision in RPFC No. 115 of 2017 clarifies and strengthens the legal framework concerning maintenance rights within familial disputes.

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