IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2017
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
RESERVED ON :07.07.2017
PRONOUNCED ON :.14.07.2017
CRL.RC. No.276 of 2013
and
M.P.Nos.1 and 2 of 2013.
While, arriving at quantum of maintenance for the wife and children (in maintenance proceedings), it is stated that Family Court (Judicial Magistrate Court dealing with the issue) as to take the entirety of the circumstances of the financial liability of the husband.
Admittedly, while arriving at the maintenance award for wife and children, the attitude of the trial Court especially, the Family Court awarding amount more than 2/3rd proved income is deprecated. Furthermore, it is to be stated that the fact that a husband who is a son to his father is liable to maintain the aged parents (in many case senior citizens) cannot be brushed aside lightly.
Besides, the moral obligation, there is a statutory obligation cast upon the every son to maintain the parents which is also falls under Section 125 of the CrPC and therefore, the trial Court ought to have weighed the entire circumstances as placed before the Court and to have reasonable assessment financial burden on the shoulder of the husband.
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At this juncture, it is to be stated that the trial are not to treat the husband like "armless soldier" and pass the maintenance award in on Mechanical manner.
While, arriving at quantum of maintenance for the wife and children (in maintenance proceedings), it is stated that Family Court (Judicial Magistrate Court dealing with the issue) as to take the entirety of the circumstances of the financial liability of the husband.
Admittedly, while arriving at the maintenance award for wife and children, the attitude of the trial Court especially, the Family Court awarding amount more than 2/3rd proved income is deprecated. Furthermore, it is to be stated that the fact that a husband who is a son to his father is liable to maintain the aged parents (in many case senior citizens) cannot be brushed aside lightly.
Besides, the moral obligation, there is a statutory obligation cast upon the every son to maintain the parents which is also falls under Section 125 of the CrPC and therefore, the trial Court ought to have weighed the entire circumstances as placed before the Court and to have reasonable assessment financial burden on the shoulder of the husband.
Thus, while awarding the maintenance in favour of wife and children the Court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC.
Full Judgement : ( Click Here )