Ambaram @ Ashok Kumar vs Janki Bai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1991 Supreme(MP) 82

M.W.DEO
Ambaram @ Ashok Kumar – Appellant
Versus
Janki Bai – Respondent

Judgement Key Points

Wife's ability to maintain herself cannot be determined based on her caste or societal norms presuming women of that community work; a judicial finding after evidence is required. [27000188920005]
Strict rules of pleadings do not apply to proceedings under Section 125 Cr.P.C., despite their quasi-civil nature. [27000188920006]
Delay in filing maintenance petition is not fatal where husband retrieves wife after prolonged abandonment, cohabits with her (including conception), and then neglects her again; prior non-claim does not bar relief for subsequent desertion. [27000188920007]
Maintenance should normally be awarded from date of order; granting from date of application requires supported reasons, and discretion must be properly exercised. [27000188920008]
In absence of reasons for backdating maintenance, courts may modify to require prompt payment of arrears from order date to waive earlier liability conditionally. [27000188920008]

JUDGMENT

M.W. Deo, J.

1. This petition under Section 482, Criminal Procedure Code is directed against the order of the revisional Court upholding the order of maintenance passed by the trial Court under Section 125 Ibid.

2. Briefly stated the relevant facts are that the respondent was wedded to the petitioner at a very -tender age. After a short stay, she was deserted and was forced to live with her parents for almost 12 years. In the meanwhile the petitioner is alleged to have taken another wife. It is alleged that he drove away the second wife and then brought back the first one namely the respondent. The respondent conceived from the husband but it resulted in abortion. This happened in 1986.

3. It is alleged that the petitioner then again treated respondent with cruelty and neglected to maintain her resulting in her compulsory departure to her parents.

4. It is on these facts that the learned trial Court ordered grant of maintenance of Rs. 250/- per month to the respondent from the date of petition i.e. 3.3.1986.

5. The revisional Court not withstanding the narrow campass of the revisional jurisdiction, has considered all the pros and cons of the matter on record and has written a sp

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1991 Supreme(MP) 82

M.W.DEOAmbaram @ Ashok Kumar – AppellantVersusJanki Bai – Respondent

M.W.DEO
Ambaram @ Ashok Kumar – Appellant
Versus
Janki Bai – Respondent