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:
- Whether the revisionist is married to opposite party no. 2
- Whether the opposite party no. 2 has deserted the revisionist
- Whether the revisionist has any source of income and whether she is able to maintain herself
- Whether the opposite party no. 2 has sufficient source of income
- 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):
- Whether the Husband deserted the revisionist wife
- Whether the wife has any source of income and whether she is able to maintain herself
- Whether the Husband has a sufficient source of income
- Whether the revisionist-wife is entitled to maintenance, if yes, how much and from which date
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
— Men’s Day Out (@MensDayOutIndia) April 27, 2022
HC: "It is also settled law, even after divorce wife is entitled for maintenance"@narendramodihttps://t.co/p4UbzirjiH
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