The Delhi High Court has issued notice on a plea raising a question as to whether a wife living together with her husband in a house belonging to him, is entitled to maintenance under Section 125 of CrPC.
The husband had filed a criminal revision petition challenging an order dated November 15, 2021 whereby the interim maintenance application filed by his wife under Section 125 CrPC was allowed by the Family Court, allegedly without considering the fact that the wife lives together with him, in her matrimonial home.
Justice Chandra Dhari Singh has issued notice in the matter.
Family Court:
Reliance was placed on two judgments, one delivered by the Supreme Court in Bhuwan Mohan Singh vs. Meena & Ors., (2015) 6 SCC 353 and the second delivered by the Delhi High Court in Mala Nidar vs. Sunil Sagar.
According to the petitioner, the Family Court had awarded the interim maintenance to the wife contrary to the said judgments which say that the wife is not entitled to any maintenance in such a scenario. The plea read:
The intent of section 125 Cr.P.C is clear that it should not be used to provide any Maintenance to those wives/ women who live separately from their husbands at their own will and without any sufficient reason.
Thus, sub- clause (4) of section 125 Cr.P.C clearly implies that for a wife to claim Maintenance u/s 125 Cr.P.C, living separately from her husband is a pre-requisite.
It was therefore contended that the wife, for the reason of residing in the same house as that of the husband, was not entitled to any maintenance under Section 125 of CrPC.
Delhi High Court
The matter will now be heard on February 10, 2022. Meanwhile, the petitioner-husband has undertaken to pay Rs 60,000 to the respondent wife, by January 30, 2022.
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