In the instant case a revision petition passed by the Hon’ble Additional Principal Judge declining the maintenance to the wife as she was capable of earning and granting same to their two children that is a daughter and a son.
The court in the matter regarding Section 125 Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr. P.C, 1973”) had clearly stated that the obligation of father would not come to an end even after his son attains majority in the cases where the entire burden of his education and other expenses is upon his mother.
The Hon’ble Single Judge bench comprising of Hon’ble Justice Subramonium Prasad directed that the sum of Rs. 15,000 should be paid to the mother each month as interim maintenance from the date the son attains majority and should continue till his graduation is complete or till the time he starts earning whichever is earlier.
The court further took attention to the rising cost of living and came up with the opinion that it would not be justice with the mother if she alone would bear the entire burden of herself and her son.
