Court Emphasizes Maintenance as a Recurring Right, Dismisses Procedural Objections
In a recent judgment, the Andhra Pradesh High Court upheld the maintenance awarded to a wife and child under Section 125 of the Criminal Procedure Code (Cr.P.C.), reinforcing the principle that maintenance is a recurring right aimed at ensuring social justice. The case, titled "Chinnan Krishore Kumar v. State of Andhra Pradesh," involved a criminal revision petition filed by Chinnan Krishore Kumar challenging the order of the Family Court, which had directed him to pay Rs. 7,500 per month to his wife and Rs. 5,000 per month to his child.
The petitioner contended that the Family Court's decision was marred by procedural irregularities and that the maintenance amount was excessive. However, the High Court, presided over by Dr. Y. Lakshmana Rao, J., dismissed these objections, emphasizing that the right to maintenance is independent and cannot be extinguished by procedural technicalities or the pendency of other proceedings. The Court reiterated that maintenance is a measure of social justice intended to prevent destitution and vagrancy.
The judgment highlighted that oral testimony could suffice for granting maintenance, and the absence of corroborative documents does not negate the claim. The Court found that the Family Court's order was just and proportionate to the petitioner's financial capacity, aligning with the principles of equity, justice, and good conscience.
The High Court's decision underscores the recurring and independent nature of maintenance claims, rejecting the application of doctrines like res judicata in such contexts. It affirmed that maintenance obligations continue despite other matrimonial proceedings, ensuring that vulnerable dependents are not left without sustenance.
Bottom Line:
Maintenance under Section 125 of the Cr.P.C. is a recurring and independent right aimed at providing sustenance to the wife and children, irrespective of pendency or outcome of other proceedings, and cannot be defeated by procedural objections or claims of previous withdrawals.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Chinnan Krishore Kumar v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2854694
