SHORT NOTE
JHARKHAND HIGH COURT
Subhash Chand, J.
Dinesh Kumar Vishwakarma – Petitioner
versus
State of Jharkhand and Anr. – Opp. Parties
Criminal Revision No.860 of 2022
Decided on 19.12.2023

IMPORTANT POINT
Award of maintenance – Wife is not entitled for maintenance where she has been refusing to reside with her husband without any reason.

Headnote:

Criminal Procedure Code, 1973 – Section 125(4) – Award of maintenance – Wife of petitioner is highly qualified – Petitioner-husband has also been maintaining his wife thoroughly – He has never neglected to maintain his wife – He has done a lot for her wife to make her career and future bright – Despite having done so much by her husband for her welfare, wife has separated from society of her husband in year 2011 and her husband did many efforts to bring her back to reside with him but she refused without any reasonable cause – Wife has also filed a suit for divorce against her husband on the ground of cruelty – Wife also worked on several reputed posts but she herself deserted her husband without any sufficient cause – She has been refusing to reside with her husband – Wife is not entitled for maintenance – Impugned Judgment passed by Principal Judge, Family Court set aside and maintenance application of wife dismissed.

Held: From the oral evidence adduced on behalf of both the parties and also the documentary evidence on record, it is well proved that the petitioner- husband has also been maintaining his wife thoroughly. He has never neglected to maintain his wife. He has done a lot for her wife to make her career and future bright. The wife of the petitioner also did several professional courses and she is highly qualified. She has done M.Ed, M.Phil, B.Ed she has also done several courses Japanese Language, Riki Course, Nano Technology Short Term course, all this was done at the expenses, which were incurred by the husband. It appears from the evidence on record that the husband has been sincerely and thoroughly maintaining his wife and did his best for the welfare of his wife.

Per contra, from the evidence on record, it is also evident that despite having done so much by her husband for her welfare, the wife has separated from the society of her husband in the year 2011 and her husband did many efforts to bring her back to reside with him but she refused without any reasonable cause. Not only this, the wife has also filed a suit for divorce against her husband on the ground of cruelty bearing Original Suit No.531 of 2015, which was dismissed on 08.06.2018 by the learned Principal Judge, Family Court, Dhanbad, against the same, the wife did not prefer any appeal. Further, the husband has also filed a suit for restitution of conjugal rights under Section 22 of the Special Marriage Act, 1954. The wife also admits that the suit bearing No.884 of 2021 was filed by her husband for restitution of conjugal rights and, thereafter, she filed the maintenance petition.

The offer was also given on behalf of the husband to the wife that he wants to keep her with him with all dignity to restitute the conjugal relations; but the wife flatly refused that she will not reside with her husband. On behalf of the wife, the plea of cruelty was taken but there is no evidence to this effect on behalf of the wife. Neither a single instance has been averred in her maintenance application nor the evidence has been adduced in regard to the cruelty as alleged to have been subjected by her husband. While from the evidence adduced on behalf of the husband, it is evident that the husband had spent a lot of money to keep her, as the wife has a lot of professional degrees and professional courses. The wife also worked on several reputed posts but she herself deserted her husband without any sufficient cause. She has been refusing to reside with her husband.

In view of the oral and documentary evidence adduced on behalf of both the parties on record, it is found that the husband has never neglected his wife to maintain herself rather the wife has been refusing to reside with her husband without any sufficient cause. Accordingly, both the points of determination are being decided in favour of the petitioner-husband and against the wife as discussed hereinabove.

. In view of the findings recorded on both the points of determination of this Criminal Revision, the impugned judgment passed by the learned Court below, which is not based on the evidence on record and the findings recorded by the Court below is found perverse and the same needs interference.

. In view of the conclusion drawn after disposal of both the points of determination as framed in this Criminal Revision, the wife is not entitled for maintenance in view of Section 125(4) of the Code of Criminal Procedure, as such, this Criminal Revision deserves to be allowed.

Accordingly, this Criminal Revision is hereby allowed. The impugned judgment dated 14.06.2022 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.165 of 2022 is hereby set aside and the maintenance application of the wife is dismissed.

Result:Criminal Revision Petition allowed.