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S. G. MEHARE
Kishor Fulchand Pawar – Appellant
Versus
Nanda @ Komal Kishor Pawar – Respondent
JUDGMENT :
(S.G. Mehare, J.) :
1. Heard learned counsel for the applicant and learned counsel for the respondent.
2. The respondent/wife had filed an application under Section 125 of the Criminal Procedure Code for maintenance against the petitioner/husband on the allegations that she was ill-treated since she was unable to procure a child due to thyroid. She filed the application on 21.11.2005. However, during the pendency of the application under Section 125, the facts came before the learned Magistrate that the decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act was passed against the petitioner. These facts were admitted to both sides. However, the learned Trial Court ignoring the facts and rights arising out of the divorce to the ex-wife held that the respondent/wife failed to prove that she was refused and neglected to maintain and finally dismissed the application. The respondent/wife preferred a revision against the order of the Magistrate dated 06.07.2007 in Criminal Revision Application No.167 of 2007. The learned Adhoc Additional Sessions Judge quashed and set aside the order of the Magistrate by recording the finding that the learned Judicial Magistrate ha
A divorcee is entitled to maintenance under Section 125 of the Criminal Procedure Code, and courts can consider subsequent developments even without formal pleadings.
A wife is entitled to maintenance under section 125 of the Code of Criminal Procedure, and the husband has the burden to prove inability to maintain. The maintenance should be adequate for the wife t....
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
Even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself.
A divorced wife is entitled to maintenance under Section 125 of the Cr.P.C., ensuring no financial hardship due to marital dissolution without just cause.
Maintenance—Annulment of marriage ipso facto cannot be a ground for setting aside order of maintenance.
Even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself.
The court emphasized the summary nature of proceedings under Section 125 of the Central Code of Criminal Procedure and the presumption of marriage even in live-in relationships, highlighting the onus....
Annulment of marriage does not automatically disentitle the wife to maintenance under Section 125 of the Code of Criminal Procedure unless she has received permanent alimony and the conditions under ....
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