Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Banti Devi – Appellant
Versus
Rattan Chand – Respondent
JUDGMENT :
Virender Singh, J.
1. The petitioner has filed the present petition, under Section 482 of Criminal Procedure Code (hereinafter referred to as ‘the Cr. P.C.) passed by the Court of learned Additional Sessions Judge-1, Mandi, District Mandi, H.P. (hereinafter referred to as ‘the Revisional Court’) in Criminal Revision Petition No. 16 of 2018, titled as, Rattan Chand versus Banti Devi, whereby, the Revisional Court has reversed the order dated 27.3.2018, passed by the learned Judicial Magistrate First Class, Court No. 3, Mandi, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’)in Petition No. 1-IV/2018/2015, titled as, ‘Banti Devi versus Rattan Chand’.
2. For the sake of convenience, parties to the lis, are hereinafter referred to, in the same manner, in which, they were referred to, by the learned trial Court.
3. Brief facts, leading to filing the present petition, as per record, may be summed up, as under:
Petitioner, Banti Devi had filed the petition under Section 125 Cr.P.C. seeking maintenance, in her favour, from the respondent, on the ground that she was married to the respondent, about 30 years ago from the date of filing the petition. Out of the said we
A divorced wife is entitled to maintenance under Section 125 Cr.P.C., and customary divorce must be proven; there is no limitation for claiming maintenance.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
A divorced wife can claim maintenance under Section 125 Cr.P.C. even if she was found guilty of desertion, as the bar under Section 125(4) is lifted after divorce.
Term ‘wife’ in Section 125 of Code of Criminal Procedure, includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried.
Point of Law : As it is a settled position of law that there is no strict prove of marriage is required in a proceeding under Section 125 of Cr.P.C.
Maintenance – Wife is not entitled for any interim maintenance when she has already waived off her right to claim maintenance at the time of divorce.
Maintenance can be awarded only to a wife who is unable to maintain herself. The Court has to find out what is required by the wife to maintain a standard of living which is neither luxurious nor pen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
