In a significant ruling, the Karnataka High Court, on January 9, 2024, enhanced the maintenance awarded to a wife and child in a case filed under Section 125 of the Cr.P.C. This decision, a result of a revision petition against the Family Court’s order, sheds light on the nuanced aspects of maintenance disputes.
Table of Contents
ToggleBackground of the Case
The case involved wife and minor child, represented by her mother, filing for maintenance against husband. The Family Court had initially granted Rs. 2,000/- per month for the child but rejected the maintenance claim for the wife.
Allegations and Court's Analysis
The petitioners claimed ill-treatment and dowry demands, leading to their desertion of the husband. The court noted that the husband, despite having agricultural land, continued to ill-treat the petitioners. The wife, working in a garments factory, was awarded Rs. 2,000/-, and an additional Rs. 1,000/- was granted for the care of the deaf and dumb child.
Legal Perspective
The court emphasized that the husband’s responsibility to maintain his wife persists, even if she is employed. The unique circumstances of a physically disabled child were considered in determining the enhanced maintenance.
Decision and Implications
The Karnataka High Court partially allowed the revision petition, awarding Rs. 2,000/- to the wife and an additional Rs. 1,000/- for the child. This judgment highlights the court’s commitment to ensuring adequate support for dependents in maintenance cases.
Download Judgment
Click above to download this Judgment in the case titled RPFC No. 193 of 2016. It can serve as a valuable resource for legal reference.