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.

Judgment :

Ananya Bandyopadhyay, J.

1. The instant revisional application has been filed by the petitioner against an order dated 24.09.2014 passed by the Learned Chief Judicial Magistrate, Purba Medinipur in connection with Misc. Case No.427 of 2012, allowing the application for interim maintenance of Smt. Jharna Prasad (Maity) and her minor child viz. Rima Prasad and directing the petitioner to pay a sum of Rs.10,000/- only per month for Smt. Jharna Prasad (Maity) and to pay a sum of Rs.5000/-only to the minor children viz. Rima Prasad for their interim maintenance and the said amount would be paid as per English Calendar month within 15th day of each succeeding month and would go on paying such amount until further order and the first payment would be made by 30th September, 2014.

2. The petitioner and the opposite party no.1 after marriage on 02.11.2007 lived as a married couple giving birth to a female child. In addition to dowry articles the petitioner demanded further dowry and being refused the opposite party no.1 was subjected to torture by the petitioner. The inebriated petitioner used to assault the opposite party no.1 which increased day by day. The petitioner on the pretext of involvement in an extramarital relationship drove the wife away from her matrimonial house, compelling the opposite party no.1 to seek refuge at her paternal home.

3. The petitioner contended the opposite party no.1 Smt. Jharna Prasad (Maity) filed an application under Section 12 of the Protection of Women from Domestic Violence Act against the petitioner and four others before the Learned Chief Judicial Magistrate, Purba Medinipur at Tamluk on 06.12.2012 wherein the nature of allegation of torture were different from the allegation cited against the petitioner in the case filed under Section 125 of the Code of Criminal Procedure.

4. The opposite party no.2 filed an application for interim maintenance before the Learned Chief Judicial Magistrate, Purba Medinipur. The Learned Magistrate after hearing both the parties was pleased to direct the petitioner to pay interim maintenance to the tune of Rs.10,000/- to the opposite party no.1, i.e., the wife and Rs.5000/- to the opposite party no.2, the minor daughter by order dated 24.09.2014.

5. Being highly aggrieved and dissatisfied, the petitioner had moved the present revisional application before this Hon’ble Court challenging the aforesaid interim order of maintenance passed by the Learned Chief Judicial Magistrate, Purba Medinipur, on 24th September 2014 directing the petitioner/Husband to pay Rs.10,000/- in favour of the wife, i.e., the Opposite Party No.1 and Rs.5,000/- for the daughter, i.e., the opposite party No.2.

6. Learned Advocate representing the petitioner submitted that –

i. During pendency of the present criminal revisional application a Matrimonial Suit was filed before the Additional District Judge, Haldia, under Section 13 of Hindu Marriage Act, 1955 for divorce which was registered as Matrimonial Suit No.116/2014. The aforesaid Suit came up for hearing before the Learned Judge on 24.04.2023 and after hearing the Learned Advocates for the respective parties the Learned Judge was pleased to allow the prayer for divorce on the ground of “desertion” by order dated 29th April 2023.

ii. Section 125 (4) of Code of Criminal Procedure dealt with the exceptional circumstances where the wife could not claim for maintenance, it appeared from the language of the aforesaid Section that “no wife shall be entitled to receive an allowance for the maintenance and interim maintenance and expenses of proceeding from her husband under this section if she is living in adultery, or if, wit