Maintenance can not be denied to wife on the ground that her parents are rich
In view of the rival contentions the only question
to be considered is whether the court below can be justified
in granting ` 2,000/- per month as monthly allowance; is it
just and reasonable? There is no evidence to prove that the
Revision Petitioner is employed and is earning sufficiently
so as to maintain herself; but the contention is that the
parents are affluent having sufficient income to give
maintenance allowance to their daughter. I am of the
opinion that even if the parents of the wife have sufficient
means, the husband cannot escape from the liability to pay
maintenance to his wife, unless she is able to maintain herself by
her own means or income. Therefore, the income or landed
properties of the parents are totally insignificant and irrelevant
in deciding the right of the wife to claim maintenance. What is
contemplated under Sec.125(a) of Cr.P.C. is whether the wife is
able to maintain herself. The legislative intent is obviously
articulated by employing the expression "herself" at the end of
Section 125(a). Therefore, own means or income of the wife
alone need be considered. However, affluent the parents, that is
of no consequence at all, unless and until the parental properties
devolve upon daughter.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
RPFC.No. 241 of 2011
--------------------------
AGAINST THE ORDER IN MC 393/2010 of FAMILY COURT, KOTTAYAM AT ETTUMANNOOR
DATED 22-08-2011
SMITHA, D/O. MOHANACHANDRA MENON,
V
SUNILKUMAR, S/O. HAIMAVATHYAMMA,
R.P.(FC).No.241 of 2011.
Dated this the 20th May, 2013.
Citation; 2014 (1) crimes 66 kerala
https://www.lawweb.in/2014/02/maintenance-can-not-be-denied-to-wife.html
