News Summary:
In a recent ruling by the Karnataka High Court, maintenance for a wife and children has been enhanced, following a revision petition challenging a Family Court’s order. Here’s a simplified breakdown:
Background:
Smt. Yallamma @ Geethamma and her minor children filed a petition seeking an increase in maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.). The Family Court had previously granted Rs. 500 per month to Yallamma and Rs. 200 per month to each of her children.
Petition for Enhancement:
The petitioners contended that the maintenance amount was insufficient to meet their basic needs, and thus sought an increase. Kum. Gowthami, appointed as Amicus Curiae, represented the wife and children.
Arguments:
The Amicus Curiae argued that the maintenance awarded by the Family Court was inadequate, even for daily necessities like a cup of tea. They presented evidence of the husband’s financial capacity, including ownership of property and agricultural income.
Court’s Decision:
After considering the evidence and legal precedents, the High Court ruled in favor of the petitioners. It enhanced the maintenance to Rs. 5,000 per month for Yallamma and Rs. 2,000 per month for each child until they attain the age of majority.
Final Order:
The High Court modified the Family Court’s order, directing the husband to pay the increased maintenance amounts without fail. The Amicus Curiae’s assistance was acknowledged, and fees were directed to be paid accordingly.
Conclusion:
This ruling highlights the court’s role in ensuring adequate maintenance for dependents, taking into account the financial capacity of the supporting party.
In summary, the Karnataka High Court’s decision emphasizes the importance of fair maintenance allocation, ensuring the well-being of the wife and children in matrimonial disputes.
