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.

CAV Order

1. Since subject matter in the both the revision petitions being common, this Court proceeds to decide the matter by this common order.

2. This both revision petitions are preferred against the order dated 06.11.2024 passed in Mscl. Criminal case No. 637/2022 by the learned Additional Principal Judge, Family Court, Raipur (C.G.) whereby an application under Section 125 of CrPC filed by the applicant- Smt. Suman Dewangan has been partly allowed and the Court had directed the applicant-Resham Lal Dewangan to pay an amount of Rs. 4000/- per month as maintenance to the applicant Smt. Suman Dewangan.

3. Brief facts of the present case is that the Smt. Suman Dewangan (hereinafter referred as “applicant/wife”) and Resham Lal Dewanan (hereinafer referred as “applicant/husband”) are husband & wife and solemnized their marriage on 11.07.2019 as per Hindu rites and ritual. The applicant/wife filed an application under Section 125 of CrPC on the allegation that after few days of marriage, she was subjected to mental torture and her character was questioned by husband/applicant. She was also tortured by her in-laws by not providing meal on time. On 01.03.2021 she left the matrimonial home and went to her paternal home. During that period she lost her mother and since then she is residing with her brother. Thereafter, applicant/wife filed an application under Section 125 of CrPC for grant of maintenance as she is unable to maintain herself whereas the applicant/husband is working as Data Entry Operator and earning Rs. 25,000/- per month and he is also receiving rent to the tune of Rs. 35,000/- and also he is living agricultural land around 2 acres and plot ad-measuring 3000 square feet from which he is earning Rs. 40,000/- per month and she prayed in the application for maintenance to the tune of Rs. 20,000/- per month.

4. The applicant/husband marked his appearance before the learned family Court and raised objection that after few months of marriage, her behaviour changed and she used to quarrel on every trivial issues. He further argued that applicant/wife had illicit relation with his younger brother and when he objects about the said relationship, she used to fight with him. She also threatens him to prosecute in false and frivolous cases due to which he was under duress. She herself left the matrimonial home. He is working as Data Entry Operator on Temporary Basis and earns Rs. 17,131/-. He has no alternate source of income. She used to live her life at her own will and left the matrimonial home without any sufficient reason.

5. After appreciating the facts, learned Family Court has passed the judgment and directed the applicant to pay maintenance to the tune of Rs. 4,000/- per month to the applicant/wife vide order dated 06.11.2024. Hence these criminal revisions.

6. In CRR No. 1322, learned counsel for the applicant/husband submitted that the family Court awarded the maintenance, which is a perverse order in the eye of law. He further submitted that the learned family Court has not considered the contention put forth by the applicant/husband in his statement on an affidavit under Order 18 Rule 04 of the Code of Civil Procedure 1908 that he earns Rs. 17,131 per month as he works as contractual employ and he has also submitted the fact that the respondent has found doing adultery with younger brother of the applicant which has been legally proved before the Competent Court vide Order/Judgment/ decree dated 08.09.2023 passed by the Second Additional Principal Judge Family Court Raipur and the family Court concerned has granted the Decree of Divorce in favour of Husband.

7. Learned counsel for the applicant/husband further submitted that the learned Family Court passed the maintenance order