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2025 DIGILAW 2555 (KER)

Rajan Sipriyan v. Lija John

2025-09-24

P.V.KUNHIKRISHNAN

body2025
ORDER : P.V. Kunhikrishnan, J. This Revision Petition is filed against the order dated 31.03.2022 in MC No.129/2019 on the file of the Family Court, Chavara. As per the impugned order, the Family Court granted maintenance to the respondents, who are the wife and children of the petitioner, at the rate of Rs.3,000/- each to the 1 st and 2 nd respondent and Rs.4,000/- to the 3 rd respondent. Aggrieved by the same, this revision petition is filed. 2. Heard the learned counsel appearing for the petitioner and the counsel appearing for the respondents. 3. The counsel appearing for the petitioner submitted that the 1 st respondent is living separately without any sufficient reason. The counsel takes me through paragraph No.8 of the impugned judgment. The counsel also submitted that because of the activities on the part of the 1 st respondent, the petitioner lost his job. Now he has no job. Therefore, he is not in a position to pay maintenance to the respondents. 4. This Court considered the contentions of the petitioner and the respondents and also perused the impugned order. It is true that in paragraph No.8 of the impugned order it is stated that there are some violent incidents narrated by both PW1 and DW1. From the above, it cannot be said that the Family Court found that the wife is living separately. Moreover, in Sunita Kachwaha and Others v. Anil Kachwaha [2014 KHC 4690] , the Apex Court observed that the maintenance cannot be denied for the reason that the wife has left the matrimonial house without any sufficient reason. 5. The next contention of the petitioner is that the petitioner has no job and he lost his job because of the activities of the 1 st respondent. The marriage and paternity of the children were not disputed. In such circumstances, it is the duty of the petitioner to pay maintenance to the wife and children. If there is any other cause of action which leads to any loss to the petitioner, the petitioner has to do the needful in accordance with law. But, as far as the maintenance to the wife and children is concerned, there is ample evidence and the Family Court found that the petitioner is able to pay maintenance and the respondents are unable to maintain themselves. But, as far as the maintenance to the wife and children is concerned, there is ample evidence and the Family Court found that the petitioner is able to pay maintenance and the respondents are unable to maintain themselves. Moreover, if there is any change of circumstances, the petitioner is free to approach the jurisdictional Family Court with an application under Section 127 Cr.PC / 146 BNSS to vary the order. But, as far as the impugned order is concerned, I see no reason to interfere with the same. 6. Section 125 Cr.P.C. is a benevolent provision to protect the rights of women who are abandoned by their husbands. In Bhuwan Mohan Singh v. Meena and Others [2014 KHC 4455], the Apex Court held as follows: “3. Be it ingeminated that S.125 of the Code of Criminal Procedure (for short "the Code") was conceived to ameliorate the agony, anguish, financial suffering of a woman who left her matrimonial home for the reasons provided in the provision so that some suitable arrangements can be made by the Court and she can sustain herself and also her children if they are with her. The concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. That is where the status and strata come into play, and that is where the obligations of the husband, in case of a wife, become a prominent one. In a proceeding of this nature, the husband cannot take subterfuges to deprive her of the benefit of living with dignity. Regard being had to the solemn pledge at the time of marriage and also in consonance with the statutory law that governs the field, it is the obligation of the husband to see that the wife does not become a destitute, a beggar. A situation is not to be maladroitly created whereunder she is compelled to resign to her fate and think of life "dust unto dust". It is totally impermissible. In fact, it is the sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able bodied. A situation is not to be maladroitly created whereunder she is compelled to resign to her fate and think of life "dust unto dust". It is totally impermissible. In fact, it is the sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.” 7. In Ramesh Chander Kaushal, Captain v. Veena Kaushal [1978 KHC 607] the Apex Court observed like this: “9. This provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Art.15 (3) reinforced by Art. 39. We have no doubt that sections of statutes calling for construction by courts are not petrified print but vibrant words with social functions to fulfil. The brooding presence of the constitutional empathy for the weaker sections like women and children must inform interpretation if it has to have social relevance. So viewed, it is possible to the selective in picking out that interpretation out of two alternatives which advances the cause – the cause of the derelicts.” 8. In Sunita Kachwaha and Others v. Anil Kachwaha [2014 KHC 4690] , the Apex Court observed like this: “8. The proceeding under S.125 CrPC is summary in nature. In a proceeding under S.125 CrPC, it is not necessary for the Court to ascertain as to who was in wrong and the minute details of the matrimonial dispute between the husband and wife need not be gone into. While so, the High Court was not right in going into the intricacies of dispute between the appellant - wife and the respondent and observing that the appellant - wife on her own left the matrimonial house and therefore she was not entitled to maintenance. Such observation by the High Court overlooks the evidence of appellant - wife and the factual findings, as recorded by the Family Court.” 9. In Shamima Farooqui v. Shahid Khan [2015 KHC 4261] , the Apex Court observed like this: “15. The High Court, without indicating any reason, has reduced the monthly maintenance allowance to Rs.2,000/-. Such observation by the High Court overlooks the evidence of appellant - wife and the factual findings, as recorded by the Family Court.” 9. In Shamima Farooqui v. Shahid Khan [2015 KHC 4261] , the Apex Court observed like this: “15. The High Court, without indicating any reason, has reduced the monthly maintenance allowance to Rs.2,000/-. In today's world, it is extremely difficult to conceive that a woman of her status would be in a position to manage within Rs.2,000/- per month. It can never be forgotten that the inherent and fundamental principle behind S.125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when she is compelled to leave her matrimonial home. The statute commands there has to be some acceptable arrangements so that she can sustain herself. The principle of sustenance gets more heightened when the children are with her. Be it clarified that sustenance does not mean and can never allow to mean a mere survival. A woman, who is constrained to leave the marital home, should not be allowed to feel that she has fallen from grace and move hither and thither arranging for sustenance. As per law, she is entitled to lead a life in the similar manner as she would have lived in the house of her husband. And that is where the status and strata of the husband comes into play and that is where the legal obligation of the husband becomes a prominent one. As long as the wife is held entitled to grant of maintenance within the parameters of S.125 CrPC, it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home. She cannot be compelled to become a destitute or a beggar. There can be no shadow of doubt that an order under S.125 CrPC can be passed if a person despite having sufficient means neglects or refuses to maintain the wife. Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law. Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law. If the husband is healthy, able bodied and is in a position to support himself, he is under the legal obligation to support his wife, for wife's right to receive maintenance under S.125 CrPC, unless disqualified, is an absolute right. While determining the quantum of maintenance, this Court in Jabsir Kaur Sehgal v. District Judge Dehradun and Others, 1997 KHC 554 : 1997 (7) SCC 7 : 1997 (2) KLT SN 62 : AIR 1997 SC 3397 : 1997 (5) ALT 25 : 1997 All LJ 2091 has held as follows: "The Court has to consider the status of the parties, their respective needs, the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case. At the same time, the amount so fixed cannot be excessive or extortionate." Keeping in mind the above principles laid down by the Apex Court, I think, there is nothing to interfere with the impugned order. There is no merit in this revision. Accordingly, this Revision Petition (Family Court) is dismissed.