IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
Criminal Revision No. 1006 of 2016
(31.8.2023)
Md. Atiullah Khan ... Petitioner
vs.
Shakila Khatoon ... Respondents
Code of Criminal Procedure, 1973–Section 125–Maintenance to divorced wife–as settled by Hon'ble the Supreme Court, the "wife, in clause (b) of Explanation to Section 125(1) of the Cr PC, means a wife as defined, irrespective of the religion professed by her or by her husband–therefore, a divorced Muslim Woman, so long as she has not remarried, is a "wife" for the purpose of Section 125 Cr.P.C. –the statutory right available to her under that Section is unaffected by the provisions of the personal law applicable to her–there is no conflict between the provisions of Section 125 Cr.P.C. and those of the Muslim Personal Law on the question of a Muslim husband's obligation to provide maintenance for his divorced wife who is unable to maintain herself–if wife is unable to maintain herself, she can take recourse to Section 125 Cr P.C. –in the present case, if not the case of the petitioner–husband the wife–opposite party has remarried and he has also failed to establish the adulterous relationship of the wife Opp. Party–the wife–opposite party has valid reasons for not living with the petitioner–husband nor the petitioner–husband has taken the plea that the wife–opposits party is also earning–impugned order of maintenance upheld–application dismissed. (Paras 21 to 27)
(2000)3 SCC 180, (1995)5 SCC 299, (2020)19 SCC 342, (1985)2 SCC 556, 2022 SCC Online 1314–Referred.
Anil Kumar Sinha, J. – The present revision application has been filed against the judgement, dated 20.08.2016, passed by learned Principal Judge, Family Court, Sitamarhi, in Misc. Case No. 74 of 2011, whereby the petitioner/husband has been directed to pay a sum of Rs. 3,000/- per month, as maintenance, from the date of filing of the maintenance petition, i.e. 19.07.2011, to the wife/Opposite Party by the 12th day of each month. By the impugned judgment, the petitioner has further been directed to pay arrears of maintenance amount to the wife/Opposite Party in three monthly instalments by adjusting the interim maintenance amount of Rs. 1,500/-, which was being paid by the petitioner to the wife/Opposite Party.
2. The brief facts, giving rise to the present case, is that the marriage between the petitioner and the Opposite Party was solemnised in the year 1999 under Muslim customs and rities. It is the case of the wife/Opposite Party that after three years of marriage, she came to know that her husband/petitioner is in illicit relationship with her bhabhi and when the wife/Opposite Party protested against the said wrong act of her husband, she was subjected to torture and cruelty. In the meantime, the wife/Opposite Party gave birth to a girl child in the year 2002-03 and after the birth of the girl child, the husband-petitioner, in conspiracy with other family members, snatched all the belongings of the wife/Opposite Party and ousted her from her matrimonial house. Thereafter, the wife/Opposite Party started living in her parents home.
3. Thereafter, the wife/Opposite Party filed Complaint Case No. 217 of 2006, on 22.02.2206, under Section 498-A of the Indian Penal Code, which was, subsequently, registered as Bairgania Police Station Case No. 54 of 2006, in which the petitioner-husband, at the time of taking bail, filed a compromise petition and an undertaking, in effect of which the wife/Opposite Party came back to her matrimonial house. But after the disposal of said Bairgania Police Station Case No. 54 of 2006 on 15.08.2009, she was again ousted from her matrimonial home.
4. The wife/Opposite Party filed another complaint case, bearing Complaint Case No. C1-1511 of 2009, in which again at the time of bail, compromise was arrived at between the parties on 27.09.2010. When the wife/Opposite Party again became pregnant, she was ousted from her matrimonial home on 05.06.2011 by the petitioner-husband alleging illicit/adulterous relationship of the wife/Opposite Party with other person and since then, the wife/Opposite Party is residing at her parental house.
5. After the death of father of wife/Opposite Party, the wife/Opposite Party was unable to maintain herself, her pregnancy and her eight-years old daughter, she was compelled to file a maintenance case on 19.07.2011, bearing Misc. case No. 74 of 2011, before the learned Principal Judge, Family Court, Sitamarhi, praying therein for maintenance to the tune of Rs. 5000/- per month, as the husband-petitioner was earning Rs. 15,000/- per month from a tailoring job. It is also alleged that the petitioner-husband has solemnised second marriage with another girl.
6. The case of the petitioner-husband is that the said maintenance case has been filed only with an intention to harass, humiliate and torture him mentally and socially. The wife/Opposite Party is habitual in filing false cases against him as she is a lady of questionable character, which is evident from her second time pregnancy. The wife/Opposite Party has already taken Khullanama Divorce on 26.04.2011 (Annexure 3) out of her own sweet will by threatening the petitioner that if divorce is not given, then several false cases would be lodged against him.
7. Learned Counsel for the petitioner submits that the petitioner is a sewing worker at a shop and earns Rs. 4,000/- per month and is subscriber/member of B.P.L. and is also getting coupon of B.P.L. scheme for purchasing food grains, which is annexed at Annexure 1).
8. Learned Co
Rohtash Singh vs. Ramendri (SMT)
Vanamala (SMT) vs. H. M. Ranganatha Bhatta
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.
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....
A wife is entitled to maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself, and the court must consider both the wife's needs and the husband's financi....
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
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