Kerala High Court
Rasheed vs Raseena on 28 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
RPFC NO. 239 OF 2017
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2025:KER:55598
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
RPFC NO. 239 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 28.02.2017 IN MC NO.34
OF 2016 OF FAMILY COURT, VADAKARA
REVISION PETITIONER/RESPONDENT:
RASHEED, S/O.KUNHAMMAD, AGED 35 YEARS, PARAMBATH
HOUSE, AZHIYOOR AMSOM DESOM, KOROTH ROAD P.O.,
VATAKARA THALUK.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENTS/PETITIONER:
RASEENA, D/O. MAHAMOOD AGED 28 YEARS, KOZHIKULANGARA
HOUSE, P.O. PATHIYARAKKARA, PUTHUPPANAM AMSOM DESOM,
VATAKARA THALUK, KOZHIKODE DIST. PIN - 673 105
BY ADV. SRI.T.V.MAMMOOTTY
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 28.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RPFC NO. 239 OF 2017
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P.V.KUNHIKRISHNAN, J
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R.P.(F.C) No.239 of 2017
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Dated this the 28th day of July, 2025
ORDER
This Revision Petition is filed against the order dated
28.02.2017 in MC No.34/2016 on the file of the Family Court,
Vatakara. As per the impugned order, the Family Court granted
maintenance to the respondent and her child @ Rs.3,500/- each
per month. Aggrieved by the same, this Revision Petition is filed.
2. Heard the learned counsel appearing for the petitioner.
3. The marriage is not disputed. The petitioner is a
cleaner in a bus by profession. The Family Court found that the
wife is living separately for sufficient reason. The quantum of
maintenance awarded is only Rs.3,500/- each per month. I see
no reason to interfere with the impugned order.
4. Section 125 Cr.P.C. is a benevolent provision to protect
the rights of women who are abandoned by their husbands. In
Bhuwan Mohan Singh v. Meena and Others [2014 KHC
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4455], the Apex Court held as follows:
"3. Be it ingeminated that S.125 of the Code of Criminal
Procedure (for short "the Code") was conceived to
ameliorate the agony, anguish, financial suffering of a
woman who left her matrimonial home for the reasons
provided in the provision so that some suitable
arrangements can be made by the Court and she can
sustain herself and also her children if they are with her.
The concept of sustenance does not necessarily mean to
lead the life of an animal, feel like an unperson to be
thrown away from grace and roam for her basic
maintenance somewhere else. She is entitled in law to
lead a life in the similar manner as she would have lived
in the house of her husband. That is where the status and
strata come into play, and that is where the obligations of
the husband, in case of a wife, become a prominent one.
In a proceeding of this nature, the husband cannot take
subterfuges to deprive her of the benefit of living with
dignity. Regard being had to the solemn pledge at the
time of marriage and also in consonance with the
statutory law that governs the field, it is the obligation of
the husband to see that the wife does not become a
destitute, a beggar. A situation is not to be maladroitly
created whereunder she is compelled to resign to her fate
and think of life "dust unto dust". It is totally
impermissible. In fact, it is the sacrosanct duty to render
the financial support even if the husband is required to
earn money with physical labour, if he is able bodied.
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There is no escape route unless there is an order from
the Court that the wife is not entitled to get maintenance
from the husband on any legally permissible grounds."
5. In Ramesh Chander Kaushal, Captain v. Veena
Kaushal [1978 KHC 607] the Apex Court observed like this:
"9. This provision is a measure of social justice and
specially enacted to protect women and children and falls
within the constitutional sweep of Art.15 (3) reinforced
by Art. 39. We have no doubt that sections of statutes
calling for construction by courts are not petrified print
but vibrant words with social functions to fulfil. The
brooding presence of the constitutional empathy for the
weaker sections like women and children must inform
interpretation if it has to have social relevance. So
viewed, it is possible to the selective in picking out that
interpretation out of two alternatives which advances the
cause - the cause of the derelicts."
6. In Sunita Kachwaha and Others v. Anil Kachwaha
[2014 KHC 4690], the Apex Court observed like this:
"8. The proceeding under S.125 CrPC is summary in
nature. In a proceeding under S.125 CrPC, it is not
necessary for the Court to ascertain as to who was in
wrong and the minute details of the matrimonial dispute
between the husband and wife need not be gone into.
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While so, the High Court was not right in going into the
intricacies of dispute between the appellant - wife and
the respondent and observing that the appellant - wife
on her own left the matrimonial house and therefore she
was not entitled to maintenance. Such observation by
the High Court overlooks the evidence of appellant - wife
and the factual findings, as recorded by the Family
Court."
7. In the light of the above principles, I am of the
considered opinion that there is nothing to interfere with the
impugned order. Therefore, there is no merit in this revision.
Accordingly, this Revision Petition (Family Court) is
dismissed.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
