In Brief
A wife and son sought maintenance from their estranged husband/father under Section 125 of the Criminal Procedure Code after he subjected them to cruelty and harassment. The Family Court rejected the wife's claim but awarded Rs. 6,000/month to the son. The Supreme Court held that Section 125 is social legislation protecting vulnerable women and children. Because the husband failed to appear before court despite warrants and thus forewent his right to cross-examine the wife's unchallenged testimony of cruelty, the court must award maintenance. An able-bodied husband cannot escape his duty to maintain his wife and children by claiming poverty. The Court increased the wife's maintenance to Rs. 10,000/month and directed the husband to clear all arrears within eight weeks.
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