⚖️Case Study: Mrs. K.R. Roopa v. Mr. B.M. Murlidar
🏛️Court: High Court of Karnataka, Bengaluru
Coram: Hon’ble Dr. Justice Chillakur Sumalatha
📅Date: 25 August 2026
📑Case No.: RPFC No.133/2024; arising from Crl. Misc. No.390/2022
📜Factual Background
- Marriage solemnized in 1995; parties lived together for 25+ years.
- Wife (petitioner) and two daughters filed petition under Section 125 Cr.P.C. seeking maintenance.
- Family Court (Mysuru) rejected wife’s and elder daughter’s claim; granted ₹8,000/month plus educational expenses for younger daughter.
- Wife challenged rejection before High Court.
🧩Legal Issues
- Whether the wife, having left the matrimonial home, was entitled to maintenance under Section 125 Cr.P.C.
- Whether leaving the husband’s company without reasonable cause disqualifies a wife from claiming maintenance.
📃Contentions of Parties
- Petitioner/Wife:
- Left due to harassment and cruelty.
- Produced evidence of circumstances forcing her to leave.
- Claimed entitlement to maintenance.
- Respondent/Husband:
- Provided for family for 25 years, including purchase of house site in wife’s name.
- Wife left in 2021 during COVID to care for parents/sister, refused to return despite requests.
- Filed police complaint against husband when he asked her to return.
- Asserted wife left without reasonable cause, hence not entitled to maintenance.
📚Case Laws & Principles
- Court reiterated statutory requirements under Section 125 Cr.P.C. (now Section 144 BNSS):
- Neglect/refusal by husband.
- Wife’s inability to maintain herself.
- Husband’s sufficient means.
- Principle: Leaving matrimonial home without justification is a disqualification for maintenance.
- Family Court relied on wife’s own police statement (Ex.R3) and complaint (Ex.R1) showing she left to care for parents during COVID, not due to cruelty.
🔎Observations of High Court
- No substantive proof of cruelty/harassment produced.
- Evidence showed husband provided education and support for both daughters.
- Wife’s departure was voluntary, not due to neglect/refusal.
- Family Court’s finding that wife left without reasonable cause was upheld.
📝Conclusion
- Revision petition dismissed.
- Wife not entitled to maintenance; younger daughter’s maintenance order stands.
- Court emphasized social justice intent of Section 125 Cr.P.C., but clarified that entitlement is conditional on statutory criteria.
💡Key Takeaways
- Maintenance under Section 125 Cr.P.C. is not automatic; statutory disqualifications apply.
- Voluntary withdrawal from matrimonial home without reasonable cause bars claim.
- Courts scrutinize evidence of neglect/refusal before granting maintenance.
🔖Hashtags
#MaintenanceLaw #FamilyCourt #CrPC #HighCourtJudgment #LegalCaseStudy #Section125CrPC
📌 Official Copy of judgement 👇