2019 Supreme(Manipur) 21
IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. MURALIDARAN, J.
Smt. Meihoubam (N) Okram Ongbi Uma @ Bembem Devi, W/o. Okram Robert Singh @ Anand - Petitioner
Versus
Shri Okram Robert @ Anand Singh, S/o. O. Thoiba Singh - Respondent
Criminal Revision Petition No. 14 of 2018
Decided On : 08-07-2019
For the Petitioner:Mr. Y. Johnson, Advocate.
For the Respondents:Mr. Th. Mahira, Advocate.
Headnote:
Maintenance - Criminal Revision Petition - Section 125 Cr.P.C. - Summary
Fact of the Case:
The petitioner sought maintenance under Section 125 Cr.P.C. alleging mental trauma and torture by the respondent and his parents. The Family Court dismissed the petition based on the respondent's claim of the petitioner's illicit relationship.
Finding of the Court:
The Court found that the petitioner's continuous adulterous conduct was not proved by the respondent and one or two incidents would not establish that the petitioner is living in adultery. The Court held that maintenance cannot be denied merely on the ground of an allegation of adultery by the husband.
Issues: The main issue was whether the petitioner was living in adultery and thus entitled to maintenance.
Ratio Decidendi: The Court emphasized that maintenance cannot be denied based on a mere allegation of adultery and that the husband has to prove continuous adulterous conduct. The Court also considered the means of the respondent to pay maintenance and the petitioner's entitlement to a reasonable amount.
Final Decision: The Criminal Revision Petition was allowed, setting aside the Family Court's order, and the respondent was directed to pay monthly maintenance of Rs.3,000 to the petitioner from the date of filing the petition.
JUDGMENT :
This Criminal Revision Petition is directed against the order dated 16.02.2018 passed by the Family Court, Thoubal in Criminal (Maintenance) Case No.22 of 2014, thereby dismissing the petition filed by the petitioner under Section 125 Cr.P.C. claiming maintenance of Rs.5,000/- per month.
2. The case of the petitioner is that marriage between the petitioner and the respondent was solemnized on 20.02.2013 and after ten days of their marriage, the respondent and his parents started insulting the petitioner. On 27.06.2013, to the surprise of the petitioner, the respondent and his parents started scolding her and blamed her for having illicit relationship with another person and told her to leave the matrimonial home at once. Further case of the petitioner is that after hearing false stories of the petitioner being caught with another male person on the previous night as narrated by the respondent and his parents, the neighbours decided to punish her and the parents were called for. Thereafter the respondent and his parents threatened to kill the petitioner if a sum of Rs.1.50 lakhs was not paid at once by the father of the petitioner. Accordingly, the parents of the petitioner handed over Rs.1.50 lakhs to the respondent and his parents. After receiving the money, the respondent and his parents forced the petitioner and her parents to put their signatures in the paper, which was already drafted without allowing them to read the contents thereof. Thereafter, the respondent and his parents lodged a false report to Thoubal Police Station against the petitioner and based on the complaint, the petitioner was arrested from the residence of the respondent on 27.06.2013. It is averred that after release on bail on 29.06.2013, the petitioner remained at her parental home without any support and help from the respondent and she requires Rs.5,000/-per month for her survival and welfare. According to the petitioner, the respondent was working as rifleman in 2nd IRB, now posted at Khuman Lampak, Imphal and drawing monthly salary of Rs.18,000/-.
3. Admitting that the marriage between the petitioner and the respondent was solemnized on 20.02.2013 under Hindu customary, the respondent filed written statement stating that they lived as husband and wife for some months. It is stated that the petitioner was having illicit relation several times stealthily with one Laishram Surjit Singh while the respondent was at his place of posting. The petitioner and her paramour were caught at night time about half a kilometer from their matrimonial home near Athokpam Arongthong by Meria Paibies, but the said paramour escaped. The respondent was at his place of posting on the said day when the incident occurred.
4. It is further stated that as narrated to the respondent by his parents, the parents of the petitioner proposed to pay some money as compensation for the loss of reputation of the respondent and to bring a solution, which was rejected by his parents. In the panchayat convened, a decision was taken for separation of the petitioner and the respondent from their marital relationship and the father of the petitioner voluntarily gave Rs.1.50 lakhs to the Chairperson of the panchayat as compensation. As the petitioner was having illicit relationship, she is not entitled to get the relief sought for by her.
5. Before the Family Court, the petitioner examined herself as P.W.1 and one Meihoubam (O) Kunti Devi and L. Phyllajao Singh were examined as P.W.2 and P.W.3. On the side of the respondent, the respondent examined himself as D.W.1 and one O. Bishoya Devi was examined as D.W.2.
6. Upon consideration of the oral evidence and the materials produced before it, the Family Court dismissed the petition filed by the petitioner. Aggrieved by the dismissal of the petition, the petitioner has filed the present Criminal Revision Petition.
7. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
8. Assailing the order of the Family