A divorced wife is entitled to maintenance under Section 125 Cr.RC, and a decree of divorce on the ground of desertion does not automatically disentitle the wife from maintenance.

1. - This revision petition has been filed against an order of the trial court whereby the trial court has refused to make any alteration in an order passed earlier under Section 125 Cr.RC.

2. The ground for seeking alteration is that between the parties, there is a decree of divorce granted on the ground of desertions. The learned counsel for the petitioner in support of his contention places reliance on the decision of this Court in the case of Smt. Rajanti v. Shri Phool and another (RLR 1989(2) 96). In this case, this Court has held that when there is a divorce in between the husband and wife, then no order under Section 125 Cr.RC. can be passed.

3. I have heard learned counsel for the parties and have given my thoughtful consideration.

4. In the instant case, before the order of divorce was granted, an order under Section 125 Cr.RC. has already been made against the petitioner. That establishes that the court making order was satisfied that the petitioner has neglected to maintain his wife. Since, the petitioner has already been held guilty of neglecting or refusing to maintain his wife, now changing that order under Section 127 Cr.RC. only on the ground that a decree of divorce has been passed on the ground of desertions does not appear to be appropriate. The Legislature in its wisdom has included a divorced wife to be entitled for maintenance under Section 125 Cr.RC. Desertion is the mildest ground on which the divorce is granted. If such divorce was to have an automatic effect of disentitling the wife of maintenance then there was no reason for the Legislature to include a divorced wife entitled for maintenance under Section 125 Cr.RC. That being the position, no interference is called for. The revision petition having no force is dismissedRevision dismissed.

*******