Rajasthan High Court Bench comprising Dr. Justice Pushpendra Singh Bhati while allowing the present revision petition and quashing the Family court's order stated that a lady suffering from cruelty on account of her husband's conduct cannot be said to have deserted him or to be voluntarily residing away. The court added that the circumstances created by the husband, if not conducive, are bound to push away the wife.
Background:
In the present case, the respondent-husband is working on the post of Branch Manager in Bank of Baroda and is earning an income of Rs.90,000/- per month. Petitioner's wife submitted that the trial court has denied the monthly maintenance to her only on the ground that divorce has been allowed between the parties. As per her, the divorce was ex-parte claimed by the respondent.
Submissions Made:
- Learned counsel for the Petitioner relied upon the provision to Section 125(1) Cr.P.C., the explanation, as per which, the definition of "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
- Learned counsel further submitted that once the petitioner-wife has not remarried, is entitled for maintenance and any divorce petition cannot be construed as it was a voluntary desertion of the parties.
- Learned counsel also submitted that since there was an established cruelty, therefore, the marriage derailed, but that does not mean that the respondent-husband can be absolved from the liability of maintenance.
- Learned counsel for the respondent-husband vehemently opposed the submissions on the ground that once the wife has failed to discharge the duties as a wife and is no more abiding by the conjugal rights, therefore, the decision arrived at by the learned court below is justified.
Order of the Court:
The Court, after hearing learned counsel for the parties as well as perusing the record of the case, found that the learned court below has come out with a judgment without considering the definition of wife provided under Section 125(1) Cr.P.C.
It was observed that the learned court below has gravely erred in denying the maintenance on the ground of divorce and cruelty. The maintenance is one thing, which has to be granted and a lady suffering cruelty, cannot
be said to have deserted or voluntarily residing away.
It was held that the circumstances created by the husband, if not conducive, are bound to push away the wife.
In view of the above, the present revision petition was allowed.
The impugned order passed by the learned Family was hereby quashed and directed that the petitioner-wife shall now be entitled to receive the maintenance to a sum of Rs.10,000/- per month from the respondent-husband from the date of filing the petition. It is needless to say that any interim maintenance granted shall be excluded from the amount so due.
Case Details:
Title: Richa Dharu v. Hemant Panwar
Bench: Justice Pushpendra Singh Bhati
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments