Enhancement Of Maintenance Chandigarh

Enhancement Of Maintenance – Chandigarh

The Kerala High Court while dealing with a case titled as Mohammed Kunhi v. sufra decided on 4-01-2021 observed and explained that

Section 125 of Code of Criminal Procedure specifically provides that the wife, children or parents unable to maintain themselves are entitled to receive monthly maintenance from a male who holds status respectively with reference  to them as husband, father or son.

It has further been observed that the husband cannot be exonerated from his legal obligation to maintain on the ground that destined or neglected one are surviving somehow or else  are being maintained by someone.

In this case respondent had sought enhancement of maintenance from Rs. 1000/- as was earlier provided.

It was alleged on behalf of revision petitioner that his elder son was maintaining the respondent and so, he was not liable to maintain the respondent being handicapped and devoid of means of livelihood.

Evidence was brought by the respondent that revision petitioner had contacted marriage secondly and had children out of the second marriage.

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