Question: H files a petition for divorce against his wife W on the ground of desertion. The court is satisfied that the case of H is covered by desertion and it awards the decree of divorce in favour of H, on the ground of desertion to the husband. After divorce, the wife files a petition under Section 125,… Read More »

Question: H files a petition for divorce against his wife W on the ground of desertion. The court is satisfied that the case of H is covered by desertion and it awards the decree of divorce in favour of H, on the ground of desertion to the husband. After divorce, the wife files a petition under Section 125, Cr. P.C. for maintenance. Is she entitled to get maintenance from her husband? Find the answer to the mains question only on Legal Bites. [H files a petition for divorce against his wife...

Question: H files a petition for divorce against his wife W on the ground of desertion. The court is satisfied that the case of H is covered by desertion and it awards the decree of divorce in favour of H, on the ground of desertion to the husband.

After divorce, the wife files a petition under Section 125, Cr. P.C. for maintenance. Is she entitled to get maintenance from her husband?

Find the answer to the mains question only on Legal Bites. [H files a petition for divorce against his wife W on the ground of desertion. The court is satisfied that the case of H is covered by desertion… Is she entitled to get maintenance from her husband? ]

Answer

Maintenance general meaning is keeping something in good condition. Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together.

It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own. Section 125 of CrPC deals with the order of maintenance of wives, children, and parents.

In the case of Rohatash Singh v. Ramendri, 2000 (3) SCC 180, the Supreme Court dealt with the question of whether a wife who has deserted her husband is entitled to maintenance under section 125 of CrPC?

The Supreme Court observed that though the marital relations came to an end by the divorce granted by the Family Court under Section 13 of the Hindu Marriage Act, the respondent continues to be “wife” within the meaning of Section 125 CrPC. on account of Explanation (b) to Sub-section (1) which provides as under –

Under this provision, “wife” also includes a woman who has been divorced by/from husband and has not remarried.”

The Court held that this plea, as we have already indicated above, cannot be accepted as a woman has two distinct rights for maintenance.

(1) As a wife, she is entitled to maintenance unless she suffers from any of the disabilities indicated in Section 125(4).

(2) As a divorced woman, she is again entitled to claim maintenance from the person of whom she was once the wife.

A woman after divorce becomes destitute. If she cannot maintain herself or remains unmarried, the man who was, once, her husband continues to be under a statutory duty and obligation to provide maintenance to her.

However, it was held that the wife would be entitled to maintenance only from the date of the divorce decree, and not from the date of filing of an application under Section 125 as held by the Additional Sessions Judge.

Further, Explanation (b) of Section 125 (1) of CrPC states that a divorced wife is also entitled to get maintenance from her husband. Explanation (b) of Section 125 (1) states that “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. Hence, it is clear that in the present question that W is entitled to maintenance even if she has been divorced.


Important Mains/Long Questions for Judiciary, APO & University Exams

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Updated On 25 Dec 2021 5:58 AM GMT
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