Divorced wives are not automatically entitled to maintenance; grounds for divorce influence eligibility, particularly if the wife can maintain herself.

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order dated 20.04.2024 passed in M.C.No.373 of 2016 on the file of the V Additional Principal Family Court at Chennai, dismissing the maintenance petition.

2. The petitioner is the wife of the respondent herein.

3. The case of the petitioner is that she filed a maintenance case against the respondent in M.C.No.373 of 2016 before the V Additional Family Court at Chennai, invoking Section 125 Cr.P.C ., seeking monthly maintenance of Rs.30,000/-. The said petition came to be dismissed by order dated

20.04.2024. Hence, challenging the same, she has filed the present revision.

4. The learned counsel for the petitioner/wife submitted that the respondent had filed an O.P. for divorce before the Family Court, Chennai in O.P.No.591 of 2011. Subsequently, based on the petition filed by the petitioner, the O.P. was transferred to the Family Court, Trichy and re-numbered as O.P.No.361 of 2014 and by order dated 10.06.2016, divorce was granted on the ground of non-consummation of marriage and non co-operation for conjugal relationship. During the matrimonial proceedings, the petitioner was under the care and custody of her parents. Therefore, she filed the transfer petition before the Court below. Subsequently, her parents passed away. Therefore, she came to Chennai to search for job. Since the petitioner was unable to maintain herself, she filed the maintenance case in M.C.No.373 of 2016 before the V Additional Principal Family Court at Chennai. But the same was dismissed on the ground that the petitioner suppressed her employment, income as well as Bank statement. The learned Judge failed to consider that the petitioner is not working anywhere and she is depending on her brother. Though divorce was granted, still the petitioner is entitled to get maintenance from the respondent/husband. As per Section 125 Cr.P.C ., a wife including divorced wife, who is having no means to maintain herself, is entitled to maintenance, unless she enters into second marriage or the husband establishes any disqualification as provided under the said provision of law. But, no disqualification is established by the respondent. The respondent is a man of means and since the petitioner is unable to maintain herself, as a dutiful husband, the respondent is liable to maintain the petitioner (wife). The petitioner herself marked the Bank statement during cross-examination and that she has no income at all. However, the Family Court held that the petitioner suppressed her financial status and income and the maintenance petition was dismissed. After the decree of divorce, the petitioner (wife) filed an appeal before this Court (Madurai Bench) and unfortunately, the same was dismissed for non-prosecution. Further, the respondent/husband has not established that the petitioner left the matrimonial home voluntarily without any valid reason. The divorce was granted only on assumption and conjunction and the same cannot be a ground for dis-allowing the maintenance case. Therefore, the learned counsel prayed that the revision may be allowed and maintenance may be ordered.

5. The learned counsel for the respondent/husband submitted that from the date of marriage, the petitioner was not co-operating for conjugal rights and without any valid reason, she left the matrimonial home. After trying his level best, the respondent (husband) filed the O.P. for divorce before the Family Court, Chennai in O.P.No.591 of 2011. Subsequently, the petitioner filed a petition to transfer the case to Trichy and the same was allowed and the case was transferred to Principal Family Court, Trichy and re-numbered as H.M.O.P.No.361 of 2014. Subsequently, the Judge, Family Court granted divorce by order dated 10.06.2016 on the ground of cruelty, especially for non- consummation of marriage an