Kerala High Court Sets Precedent in Maintenance Case Under Section 125 CrPC

maintenance to wife under section 125 crpc

In a recent judgment, the High Court of Kerala delivered a significant ruling on maintenance to wife under Section 125 CrPC. The case, known as RPFC No. 382 of 2023 and RPFC No. 509 of 2023, revolves around the financial support claimed by the wife from her husband.

Background of the Case

The case involves a husband, referred to as the revision petitioner, and his wife, the respondent, who sought monthly maintenance allowance under Section 125 CrPC. The wife alleged matrimonial cruelty and claimed a monthly allowance of Rs. 20,000.

Arguments and Defense

The husband contested the allegations, asserting that he earned Rs. 20,000 per month from private work and denied working as a construction contractor. He expressed readiness to resume cohabitation with his wife.

Family Court's Decision

The Family Court, after joint proceedings with divorce-related cases, ordered the husband to pay Rs. 3,500 per month as maintenance to the wife. This decision led to the filing of two revision petitions.

High Court Analysis

The High Court, considering the age and health of the parties, fixed the notional income of the husband at Rs. 20,000 per month. Upholding the Family Court’s decision, it emphasized the obligation of the husband to provide financial support.

Legal Precedents

The judgment referred to legal precedents emphasizing the role of maintenance laws as a measure of social justice to prevent destitution and ensure a decent standard of living for dependant spouses.


The Kerala High Court, in its detailed analysis, underscored the importance of financial support for wives under Section 125 CrPC. The judgment sets a crucial precedent in aligning maintenance awards with the socio-economic context of the parties involved.

Download Judgment

Click above to download this Judgment in the case titled RPFC NO. 382 OF 2023. It can serve as a valuable resource for legal reference.

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