Maintenance Plea Rejected, Relief for Disabled Husband

Udaipur, April 27 (Udaipur Kiran): The Family Court No. 1 in Udaipur has dismissed a maintenance petition filed by a wife under Section 125 of the Criminal Procedure Code, granting relief to her physically disabled husband who is surviving on charity.

Presiding Officer and Judge Palvinder Singh rejected the plea filed by Smt. Gajri Bai, who had sought Rs 20,000 per month as maintenance from her husband Mangilal. In her petition, she alleged that her husband used to assault her under the influence of alcohol and had driven her out of the house. She also claimed that Mangilal earned Rs 70,000–80,000 per month through masonry work, contracting, and farming.

During the hearing, the husband’s side, represented by court-appointed counsels Bharat Prajapat and Ganesh Chauhan, argued that after the death of their son, it was the wife who had forced Mangilal out of the house and taken possession of the property.

The defence further submitted that the wife has been residing in the same house, running a flour mill for the past 8–10 years, and earning a steady income by renting out 4–5 rooms.

The court, after examining the evidence, noted the poor condition of the husband. It was revealed that three fingers of his right hand are severed, making him physically unfit for labour work. Following the death of his son, he has also been mentally disturbed and is currently taking shelter at Ramdevra Temple in Kheradiwada, where he performs minor cleaning tasks.

The court observed that he is entirely dependent on food provided by visitors and nearby residents and often goes without meals.

Considering all facts and evidence, the court concluded that the wife has sufficient means to sustain herself, while the husband has no source of income and is dependent on others for survival. Accordingly, the court dismissed the maintenance petition on April 16, 2026.

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