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ANIL KUMAR UPMAN
Vinod S/o Shri Ramgopal – Appellant
Versus
Usha D/o Shri Ninuaram W/o Vinod – Respondent
ORDER :
ANIL KUMAR UPMAN, J.
1. The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C, has been filed on behalf of the petitioner/non-applicant assailing the order dated 21.07.2005 passed by learned Additional Sessions Judge, Dholpur in Criminal Revision No.150/2004 whereby the learned Revisional Court allowed the revision petition filed by respondent/applicant and set aside the order dated 19.01.2002 passed by learned Chief Judicial Magistrate (Senior Division Dholpur) in Criminal Misc. Case No. 50/1994, rejecting the application filed by the respondent/applicant for recovery of maintenance and did not held her entitle for maintenance w.e.f. 26.07.1995.
2. Brief facts of the case are that the respondent/applicant moved an application under Section 125 Cr.P.C on 25.11.1992 before the concerned Judicial Magistrate for maintenance against the petitioner/non-applicant on the ground of cruelty and desertion. The petitioner/non-applicant filed reply to the said application and denied the averments made therein. On account of absence of the petitioner before the learned trial court, ex-parte proceedings were initiated in the matter. Vide order dated 03.03.199
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
Proper consideration of the issue of adultery is essential in determining a wife's entitlement to maintenance under section 125(4) of Cr.P.C.
The court ruled that a wife disqualified from maintenance under Section 125 due to adultery cannot claim maintenance post-divorce if evidence of past conduct supports the claim.
A husband is liable to pay maintenance to his wife and minor children under Section 125 Cr.P.C., even if he alleges that the wife is living in adultery.
The evidence of marriage and negligence can establish entitlement to maintenance allowance under Section 125 of Cr. P.C.
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