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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ram Manohar Narayan Mishra,J.
Sarita – Appellant
Versus
State of U.P. – Respondent
Key Points: - The revision holds that a divorced wife is entitled to maintenance under Section 125 Cr.P.C. even if she was found guilty of desertion, because the bar under Section 125(4) Cr.P.C. is lifted after divorce. (!) (!) - The court remits the matter for fresh decision on maintenance and directs interim maintenance of Rs. 5,000 per month from the date of judgment, noting that the divorce decree dissolved the marriage, lifting the bar to maintenance claims. (!) - The ex parte decree of divorce, granted on the ground of desertion, does not bar the divorced wife from claiming maintenance as a divorcee once the marriage is dissolved; maintenance can be claimed till remarriage. (!) (!) - The judgment approves the principle that maintenance for a divorced wife under Section 125 is based on the status of being a divorcee, irrespective of prior matrimonial offences, provided the marriage has been dissolved. (!) (!) - The impugned order was set aside and the matter remanded for fresh consideration in light of the lifting of the bar after divorce. (!)
| Table of Content |
|---|
| 1. maintenance application details and allegations of cruelty. (Para 3 , 4 , 5) |
| 2. arguments regarding the dismissal of maintenance application. (Para 6 , 7 , 8) |
| 3. counterarguments presented by the opposite party. (Para 9 , 10 , 11 , 12) |
| 4. court's findings on the evidence and claims. (Para 13 , 14 , 15) |
| 5. legal principles regarding maintenance post-divorce. (Para 16 , 17 , 18) |
| 6. final ruling on maintenance eligibility post-divorce. (Para 19 , 20) |
| 7. conclusion and order for rehearing of maintenance case. (Para 21 , 22) |
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Short counter affidavit filed on behalf of the respondent No.2 is taken on record.
2. Heard learned counsel for the revisionist, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.
3. The instant Criminal Revision has been preferred against the order dated 14.08.2023 passed by learned Additional Principal Judge, Family Court No.2, Meerut in Maintenance Case No.292 of 2014, under Section 125 Cr.P.C., Police Station Sarurpur Khurd, District Meerut. Whereby the application under Section 125 Cr.P.C. has been dismissed.
4. Learned counsel for
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.
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
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....
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
(1) Standard of proof of marriage in a Section 125, Cr.P.C. proceeding is not as strict as is required in a trial for an offence under Section 494 IPC.(2) Order passed in application under Section 12....
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.
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