The influence of admissions on the court's decision in denying interim maintenance to the petitioner wife.

1. By this petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C.) the petitioner wife seeks to challenge the order dated 4th June 2010 whereby the learned Addl. Principal Judge, Family Court declined to grant interim maintenance in favour of the petitioner – wife.

2. Assailing the said order, Mr. R. K. Tarun, learned counsel for the petitioner – wife submits that it is a statutory right of the wife to claim maintenance from her husband and such a right cannot be denied to her even where she has left the matrimonial home without there being any neglect on the part of the husband and also even where the wife starts residing separately under some mutual arrangement. Counsel for the petitioner submits that the denial of interim maintenance even in such circumstances is against the public policy and the husband cannot take shelter under sub-clause (4) of Section 125 of Cr. P. C. to deny maintenance to his wife merely because she has refused to join the company of the husband.

3. Counsel for the petitioner also argued that the learned trial court has committed a grave error and illegality by not granting an opportunity to the petitioner to lead evidence and has decided the petition filed under Section 125 of Cr. P.C finally at an interim stage.

4. Counsel for the petitioner also submits that under Explanation (b) of Section 125(1) of Cr.P.C., the expression ‘wife’ has been defined to include a woman who has been divorced by, or has obtained a divorce from, her husband and has not re-married and so far as the present case is concerned, the petitioner cannot be put on a worse footing than the divorced wife.

5. Counsel for the petitioner also submits that petitioner is at least entitled to the grant of maintenance till 30th May 2012 i.e. the date when she got re-married.

6. Learned counsel for the petitioner places reliance upon a judgment reported in RanjitKaur v. Pavittar Singh, 1992 Cri. L. J. 262; a decision of this Court in Crl.M.C. No. 544/2011 titled as AmitGuglani vs. PushpaGuglani, rendered on 21st September 2011, etc. in support of the above contentions.

7. During the course of hearing the present petition, learned counsel for petitioner has also apprised this Court that the marriage between the parties has already been dissolved by judgment and decree dated 4th June 2010 passed under Section 13B(ii) of the Hindu Marriage Act, 1955. Learned counsel for petitioner further informed that after grant of the said decree, the petitioner has re-married on 30th May 2012 and the respondent also got re-married on 8July 2012.

8. I have heard the learned counsel for the petitioner.

9. The petitioner in the present case has been denied the interim maintenance by the learned Addl. Principal Judge, Family Court on the ground that the petitioner wife, without any sufficient cause, was herself not ready and willing to live with her husband at the matrimonial home.

10. On perusal of the impugned order, it has been recorded by the learned Addl. Principal Judge, Family Court that in camera proceedings before Shri Sanjay Aggarwal, learned Session Judge pertaining to the case of the petitioner u/s 406/498A/34 IPC against the respondent, the petitioner herself admitted that she had no problem in staying with her husband. She also informed the court that she was living happily with her husband during the period when she was asked to join his company by the directions of the court. The petitioner further disclosed to the court that she was ready and willing to join the company of her husband but she could not stand the pressure put forth by her parents who did not want her to join her matrimonial home. She also informed the court that she had no courage to go against the wishes of her parents. Impugned order further records the observations of the Sessions court wherein the court found that the father of the petitioner was reluctant in sending the petitioner to her matrimonial home and the mother of