KOZHIKODE: A family court in Kasaragod has asked a woman to pay Rs 6,000 as monthly maintenance to her husband for spoiling his career by raising a false allegation of rape. Judge PD Dharmarajan passed the order on a petition moved by NK Sivaprasad of Nellikkunnu in Kasaragod under Section 24 of the Hindu Marriage Act on Thursday.
Sivaprasad, a music teacher, married VM Nivya on January 22, 2011 against the wishes of her parents while she was studying for post-graduation. They got separated in May 2011. Nivya returned to her parents and filed a complaint against Sivaprasad, alleging that he raped her by promising to marry her. Police filed a case against Sivaprasad for rape under Section 376 of the IPC.
“On investigation, it was found that they were married. There was evidence such as the receipt from the temple where the marriage was solemnized, hotel records where they stayed and photographs of the reception in Kasaragod. They had also registered their marriage in Enmakaje panchayat,” said advocate US Balan who appeared for the husband.
Nivya moved the family court for divorce after police filed a referral report saying the allegation is wrong. “We moved a petition demanding maintenance for Sivaprasad,” said Balan. “He had to stop his music sessions as girls refused to attend his classes. I argued that he is eligible for maintenance from his wife, who is now working as a lecturer at a reputed institution in Mangalore.”
He said the provision for giving maintenance for the husband is available only in the Hindu Marriage Act. “This provision is not there in other marriage acts such as the Christian, Muhammedan or Special Marriage Act,” Balan said. “Section 125 of the CrPC should be amended so that husbands also can claim maintenance from wives with solid source of income. Now only the wife, children or aged parents can claim maintenance.”