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V.BHASKARA RAO, N.Y.HANUMANTHAPPA
L. Srinivasulu Reddy – Appellant
Versus
L. Ramalakshumma – Respondent
Certainly. Based on the provided legal document, here are the key points:
A divorced wife who remains unmarried and not remarried is generally entitled to claim maintenance under Section 125 of the Criminal Procedure Code, regardless of the fact that she obtained a decree of divorce (!) .
The scope of Section 125 includes divorced women who have not remarried and are unable to maintain themselves, and this entitlement persists even after divorce, provided the wife remains unmarried (!) (!) .
The definition of "wife" in the context of Section 125 includes women who have been divorced but have not remarried, which means they can still claim maintenance (!) .
The act of a husband driving out the wife from the matrimonial home can be considered neglect or refusal to maintain, thereby supporting the wife's claim for maintenance (!) .
The entitlement to maintenance is not negated solely because a divorce decree has been obtained, especially if the wife is not remarried and is unable to support herself (!) .
The scope of the provisions disqualifying a wife from maintenance, such as living in adultery or refusing to live with the husband without sufficient reason, does not apply to a woman who has obtained a divorce and is not remarried (!) .
The amount of maintenance awarded can be subject to review and modification based on the circumstances, and the court may grant interim maintenance during proceedings (!) .
The legal obligation to maintain extends to persons who are unable to support themselves, and this obligation continues despite the existence of a divorce decree, unless the wife remarries (!) .
The legal proceedings and findings in civil divorce cases do not bar or restrict the wife's right to claim maintenance under criminal law provisions (!) .
The court may grant maintenance at a reasonable rate, and the husband is required to pay this amount regularly, with the possibility for the wife to seek an increase if circumstances change (!) .
Please let me know if you need a more detailed analysis or specific legal advice based on these points.
( 1 ) THIS is are ference by our learned brother B. S. A Swcany, j. , seeking an authoritative pronouncement on the question whether the wife who deserted her husband onher own accord and suffered a decree of divorce under Section 13 (l)of Hindu marriage Act on that ground is entitled to claim maintenance under Section 125 of Code of criminal Procedure.
( 2 ) A few facts which are necessary to dispose of this revision case are:-
( 3 ) THAT the revision petitioner is the husband and respondent No. 1 is the wife. They will be referred be hereinafter as husband and wife. The marriage was solemnized on 7-9-1978 as per Hindu Rites in Peddachoutapally village in Cuddapah Mandal. They lived happlly for some time. As the wife did not beget children, the husband married again at the instance of his father. That led to the estrangement between the husband and the wife. The husband filed a divorce petition under section 13 (1) of Hindu Marriage Act in o. P. No. 59/1985 on the file of Subordinate judge, Cuddapah, on the ground that the wife deserted him for more than two years and the said petition was allowed granting divorce. The wife preferred an appeal to this Court
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