Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.

Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any deviation must come with reasons recorded in the order.

"...when a party claims allowance of maintenance by filing a petition, the party must get the maintenance from the date of the petition onwards and the same is the sanction of law. No doubt, deviation therefrom can be had for specified reasons to be recorded in writing and not otherwise. In the order impugned, the learned Family Court Judge not stated any reasons to deny maintenance from the date of petition and to grant the same from the date of order. Before this Court also nothing available to disallow maintenance from the date of the petition. In fact, there is no justifiable reason to uphold the said finding. To the contrary, it is held that the denial of maintenance allowance from the date of the petition without recording specific reasons is not the sanction of law and therefore, the said order is liable to be set aside..."

The court made the observations while dealing with a petition challenging the Family Court's order on the ground of inadequacy of maintenance amount. The petition was filed on 21.12.2016 before the family court and decided on 4.6.2019. 

The petitioners -   the wife and children of a man had filed a petition under Section 125 CrPC, before the Family Court, Kottarakkara, claiming Rs.8,000 for the wife, and Rs.7,000  and Rs.5,000 for the son and the daughter respectively, on the ground that the petitioners had no means of maintenance.

The Family Court granted maintenance at the rate of Rs.5,000 to the woman, and Rs.3,500/- to the daughter from the date of order. However, as far as the son was concerned, the Family Court found that since he had attained majority during the pendency of the petition, maintenance need not be provided. 

The high court refused to interfere with the maintenance granted to the wife. However, it enhanced the maintenance of the daughter and held that the son also was entitled to get maintenance from the date of filing of petition.

"As far as the third minor petitioner is concerned, the maintenance shall be at the rate of Rs.5,000/- from the date of petition. Similarly, the second petitioner also is entitled to get maintenance at the rate of Rs.5,000/- from the date of the petition till 22.7.2017, since the second petitioner attained majority on 23.7.2017," it said.

Advocates K. Siju and Anjana Kannath appeared on behalf of the petitioners -wife and children. The respondent was represented by Advocates T.S. Maya and C. Vijayakumari. 

Case Title: Sreeja T. & Ors. v. Rajaprabha

Citation: 2022 LiveLaw (Ker) 661 

Click Here To Read/Download The Order