Karnataka High Court Upholds Maintenance Order in Family Dispute

Karnataka High Court Upholds Maintenance Order in Family Dispute

Background:

The case involved a husband contesting the maintenance order granted to his wife and son by the Family Court under Section 125 of the Cr.P.C.

Legal Proceedings:

The husband filed a revision petition, challenging the maintenance amount of Rs. 8,000 per month for his wife and Rs. 5,000 per month for his son.

Court’s Decision:

After hearing arguments from both sides, the court upheld the maintenance order, stating that the husband, despite being an engineer with a substantial income, failed to prove that his wife was earning through her profession as an Ayurvedic doctor. As there was no evidence presented for an enhancement of maintenance, the court found no grounds to interfere with the Family Court’s decision.

Relevant Laws:

The case was adjudicated under Section 19(4) of the Family Courts Act, which allows for revision petitions against Family Court orders. The judgment also referred to Section 125 of the Criminal Procedure Code (Cr.P.C.), which deals with maintenance.

Conclusion:

The Karnataka High Court’s decision highlights the importance of providing adequate maintenance to dependents in family disputes. Despite the husband’s objections, the court affirmed the Family Court’s decision, emphasizing the need for evidence to support claims of income.


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