Wife’s Maintenance Enhanced Under Section 125 CrPC

The Karnataka High Court at Bengaluru, in RPFC No. 191 of 2024, modified the Family Court’s order on maintenance under Section 125 of the Cr.P.C. The petition was filed by the wife against the order of the I Additional Principal Judge, Family Court, Tumakuru, which had rejected her claim for maintenance while granting maintenance to the two minor children.

The parties were legally wedded spouses. Two sons were born from the marriage. The wife’s case was that disputes arose after about one year of marriage due to ill-treatment and harassment at the matrimonial home, and that she was compelled to live separately. The husband relied on a decree for restitution of conjugal rights and argued that the wife had deserted him without sufficient cause.

The High Court noted the limited scope of inquiry under Section 125 Cr.P.C., which is intended to prevent destitution. The Court examined whether the wife was unable to maintain herself and whether the husband had neglected or refused to maintain her. It also considered the parties’ status and the husband’s financial capacity.

The Court found that the impugned order rejecting maintenance to the wife suffered from illegality and perversity. It therefore interfered with the Family Court’s decision and held that the wife was entitled to maintenance.

On quantum, the Court fixed maintenance for the wife at Rs. 10,000 per month from the date of filing of the revision petition till her lifetime. The Court also confirmed the Family Court’s direction that the husband shall pay Rs. 8,000 per month each to the two children from the date of the petition until they attain majority. The arrears were directed to be paid within eight weeks, and monthly maintenance is to be paid regularly on or before the 10th of every month.

The practical effect is that the wife’s maintenance claim was restored and enhanced, while the children’s maintenance order remained intact.