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BIBEK CHAUDHURI
Rehena Khatoon – Appellant
Versus
Jargis Hossain – Respondent
JUDGMENT :
1. In spite of repeated service of notice of the instant revision, the opposite party prefers to remain absent. Therefore, the instant revision is taken up for hearing and disposal on merit on the basis of submission made by the Learned Advocate for the petitioner.
2. In this revision the petitioner being the wife of the opposite party has challenged an order dated 18th November, 2017 passed by 5th the Learned Additional Sessions Judge, Court, Murshidabad affirming the Judgment and Order passed upon a proceeding under Section 125 of the Code of Criminal Procedure filed by the petitioner praying for maintenance for herself and her minor daughter which was registered as M. R. Case No. 131 of 2011.
3. Suffice it to say that M. R. Case No. 131 of 2011 was filed by the petitioner in the 1st Court of the Learned Judicial Magistrate, Berhampore, Murshidabad praying for maintenance for herself and her minor daughter under Section 125 of the Code. The Learned Magistrate refused the prayer for maintenance for the petitioner but allowed the said prayer for the minor daughter of the parties.
4. The petitioner challenged the said order by filing Criminal Revision No. 138 of 2015 which wa
Even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself.
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 divorced woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself, and the father is obligated to support their minor child.
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
A divorced wife is entitled to maintenance under Section 125 of the Code, emphasizing the husband's duty to support his family despite claims of unemployment or illness.
A wife living in adultery is disqualified from claiming maintenance under Section 125 Cr.P.C., requiring proof of a continuous adulterous relationship.
The entitlement to maintenance under Section 125 Cr.P.C. is not barred by the grant of maintenance under Section 24 of the Hindu Marriage Act if the husband neglects to maintain the wife.
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