• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Voice For Men
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
Voice For Men
No Result
View All Result
Home IN THE NEWS ALIMONY

READ ORDER | Maintenance Cannot Be Denied To Wife U/s 125 CrPC Even If Restitution Of Conjugal Rights Is Passed In Favour Of Husband: Allahabad High Court

Team VFMI by Team VFMI
April 27, 2022
in ALIMONY, HIGH COURT, IN THE LAW, IN THE NEWS, NON TIER-I CITIES
1
voiceformenindia.com
READ ORDER | No Arrests For Two Months After Registration Of FIR By Wife: Allahabad High Court On Misuse Of IPC 498A (Representation Image Only)

READ ORDER | No Arrests For Two Months After Registration Of FIR By Wife: Allahabad High Court On Misuse Of IPC 498A (Representation Image Only)

759
VIEWS

The Allahabad High Court in its order dated April 26, 2022 has ruled that there is NO BAR under Section 125 CrPC to grant maintenance to a wife, even against whom, a decree for restitution of conjugal rights has been passed.

The Bench of Justice Brij Raj Singh further stressed that it would be very harsh to refuse maintenance on the ground of a decree of restitution of conjugal rights passed in favour of the husband.

Case:

Parties got married in February 2007 and lived together for several years. Husband is currently earning Rs 30,000 per month.

Allegations by Wife:

Husband and his family members allegedly started harassing her for dowry, and thereafter, he deserted her in October 2021 and since then she has been living with her parents.

Since she has no indvidual source of income, she moved an application under Section 125 CrPC before the court below seeking maintenance of Rs 15,000 per month from the Husband.

Arguments by Husband:

The husband argued that it was his wife instead who had deserted him and she even aborted their child in August 2007 without taking him into confidence. It was further objected in the reply that revisionist does not want to live in the house of the opposite party no.2. (husband).

The Husband also moved a plea for restitution of conjugal rights which was decided in his favour ex parte, however, the Husband didn’t pursue execution of proceedings.

In view of this, recording some minor contradiction in the statement of revisionist, and on the basis of the same, the wife’s case had been found not fit for maintenance in May 2019.

Trial Court

Principal Judge Family Court, Sultanpur had rejected maintenance to wife under under Section 125 CrPC.

While passing the impugned order, the trial court framed 5 issues:

  1. Whether the revisionist is married to opposite party no. 2
  2. Whether the opposite party no. 2 has deserted the revisionist
  3. Whether the revisionist has any source of income and whether she is able to maintain herself
  4. Whether the opposite party no. 2 has sufficient source of income
  5. Whether the revisionist is entitled for maintenance, if yes, how much and from which date

Allahabad High Court

The High Court was dealing with this criminal revision plea filed by the wife against the impugned award of maintenance order passed by the Principal Judge Family Court, Sultanpur under Section 125 Cr.P.C.

 

The question before the High Court was whether the revisionist wife would be entitled to maintenance.

At the outset, the Court noted that the court below had observed that the revisionist had knowledge about the case for restitution of conjugal rights but she did not appear. Further, it was observed that the wife did not want to live with the husband.

However, the High Court took into account Section 125 of CrPC, and suggested that it would be ‘very harsh to refuse maintenance to the wife on the ground of a decree of restitution of conjugal rights passed in favour of the husband.’  The Court said,

It is also settled law that even after divorce wife is entitled for maintenance and since the revisionist is legally wedded wife of opposite party no. 2, he has to maintain her. It is admitted on record that wife is residing with her parents and has no source of income. Therefore, award for maintenance cannot be denied.

The High court thus allowed the revision in part, remanded the matter back to the Court below and set aside the impugned order. The Court directed the court below to decide the following issues (after affording an opportunity to the parties):

  1. Whether the Husband deserted the revisionist wife
  2. Whether the wife has any source of income and whether she is able to maintain herself
  3. Whether the Husband has a sufficient source of income
  4. Whether the revisionist-wife is entitled to maintenance, if yes, how much and from which date
READ ORDER
Case – Smt.Kiran Singh v. State Of U.P. And Anr [CRIMINAL REVISION No. – 896 of 2019]Download

Leave Your Thoughts Below. Why Are Men Forced To Pay Maintenance To Wives Despite No Allegations Proven? Speak Up Against #GenderBiasedLaws #SpeakUpMen

READ ORDER | "Maintenance Cannot Be Denied To Wife U/s 125 CrPC Even If Restitution Of Conjugal Rights Is Passed In Favour Of Husband": Allahabad High Court

HC: "It is also settled law, even after divorce wife is entitled for maintenance"@narendramodihttps://t.co/p4UbzirjiH

— Men’s Day Out (@MensDayOutIndia) April 27, 2022

ALSO READ –

Whether Wife Living Together With Husband In His House Is Entitled To Maintenance U/s 125 CrPC | Delhi High Court Issues Notice

READ ORDER | Wife Is Entitled To Maintenance Under Section 125 CrPC Even If She Unilaterally Divorces (Talaq) Husband

Wife Demands ‘Excessive’ Alimony From Unemployed JetAirways Husband | Man Petitions SC On Gender Neutrality For Sec 125CrPC

READ ORDER | Post Graduate Wife Entitled To Maintenance Even If She Lives In Matrimonial Household: Delhi Court

ALSO WATCH – 

Occasional Adultery No Grounds To Deny Maintenance To Wife | Delhi High Court

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Voice For Men India

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: Allahabad High Courtgender biased lawsin the lawsection 125 crpcspeak up men
Team VFMI

Team VFMI

Comments 1

  1. CNGB says:
    2 months ago

    Be a men live like a men live your life not others needs as your life choices is your men want to get murder your self for others needs in the name of marriage or like to live your own life as men

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
voiceformenindia.com

Akshay Kumar Bollywood’s Bhai-Daan | Raksha Bandhan Trailer Review | Patriarchal Brother Trying To Get Rid Of Fully-Abled Sisters

June 27, 2022
voiceformenindia.com

Wife Beats Me & My Old Father, Gives Threats Of Police Complaints, Has Extra-Marital Affair: Husbands Approach Jansunwai In Prayagraj Seeking Help

June 27, 2022
voiceformenindia.com

Domestic Abuse Of Men | Pune Court Orders 78-Year-Old Wife To Pay Interim Maintenance To 83-Year-Old Husband

June 27, 2022
voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022

Follow Us

Recent News

voiceformenindia.com

Akshay Kumar Bollywood’s Bhai-Daan | Raksha Bandhan Trailer Review | Patriarchal Brother Trying To Get Rid Of Fully-Abled Sisters

June 27, 2022
voiceformenindia.com

Wife Beats Me & My Old Father, Gives Threats Of Police Complaints, Has Extra-Marital Affair: Husbands Approach Jansunwai In Prayagraj Seeking Help

June 27, 2022
voiceformenindia.com

Domestic Abuse Of Men | Pune Court Orders 78-Year-Old Wife To Pay Interim Maintenance To 83-Year-Old Husband

June 27, 2022
voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Voice For Men

    Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    voiceformenindia.com

    Akshay Kumar Bollywood’s Bhai-Daan | Raksha Bandhan Trailer Review | Patriarchal Brother Trying To Get Rid Of Fully-Abled Sisters

    June 27, 2022
    voiceformenindia.com

    Wife Beats Me & My Old Father, Gives Threats Of Police Complaints, Has Extra-Marital Affair: Husbands Approach Jansunwai In Prayagraj Seeking Help

    June 27, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Voice For Men India

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • वौइस् फॉर मेंन हिंदी

    © 2019 Voice For Men India