Case Note & Summary
The case involves a Criminal Revision Application filed by the wife (Applicant No.1) and her minor son (Applicant No.2) challenging the judgment of the Additional Sessions Judge, Pune, dated 30th April 2001, which set aside the maintenance order passed by the Judicial Magistrate, First Class, Ghodnadi, on 25th April 1996. The Magistrate had awarded maintenance of Rs.200/- per month to the wife and Rs.100/- per month to the child under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The marriage of Applicant No.1 with Respondent No.1 (husband) took place in 1993. After an initial period of peaceful cohabitation, the husband's mother started quarreling with the wife, and the husband began suspecting her character. The wife was forced to live in a cattle-shed and was not allowed to enter the house. During her pregnancy, the sex of the child was ascertained, and she was sent to her parents' house for delivery, where she gave birth to a male child. The husband did not take her back or provide maintenance. The wife filed an application under Section 125 CrPC, which was allowed by the Magistrate. The husband filed a revision before the Sessions Court, which set aside the maintenance order on the ground that the wife failed to prove neglect or refusal to maintain. The High Court, after examining the evidence, held that the wife had justifiable grounds to live separately due to the husband's cruelty and neglect. The husband, being an agriculturist, had sufficient means but failed to maintain his wife and child. The High Court restored the maintenance order of the Magistrate, finding the amounts reasonable. The revision application was allowed, and the Sessions Court's order was set aside.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Neglect or Refusal to Maintain - The wife proved that the husband and his mother subjected her to cruelty, forced her to live in a cattle-shed, and sent her to her parents' house after ascertaining the sex of the child. The husband did not take her back or maintain her. Held that the wife had justifiable ground to live separately and the husband neglected to maintain her (Paras 2-5).
B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The Magistrate awarded Rs.200/- per month to the wife and Rs.100/- per month to the child. The Sessions Court set aside the order. The High Court restored the maintenance, noting that the husband was an agriculturist with sufficient means and the amounts were reasonable (Paras 6-7).
Issue of Consideration
Whether the Sessions Court was justified in setting aside the maintenance order granted to the wife and child under Section 125 CrPC on the ground that the wife failed to prove neglect or refusal to maintain by the husband.
Final Decision
The High Court allowed the Criminal Revision Application, set aside the judgment of the Additional Sessions Judge, Pune, dated 30th April 2001, and restored the order of the Judicial Magistrate, First Class, Ghodnadi, dated 25th April 1996, granting maintenance of Rs.200/- per month to the wife and Rs.100/- per month to the child.
Law Points
- Maintenance under Section 125 CrPC
- Neglect or refusal to maintain
- Sufficient means
- Justifiable ground for living separately
- Quantum of maintenance
Case Details
2015 LawText (BOM) (12) 69
Criminal Revision Application No.272 of 2002
Dr. Shalini Phansalkar-Joshi, J.
Mr. Pramod Pawar for the Applicants, Mr. R.P. Hake-Patil i/by Mr. S.P. Kadam for Respondent No.1, Mr. H.J. Dedia, A.P.P. for Respondent No.2/State
Kusum @ Ujwala Abasaheb Waghmare and Rahul Abasaheb Waghmare
Dharu @ Abasaheb Sukhdeo Waghmare and State of Maharashtra
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Nature of Litigation
Criminal Revision Application challenging the order of Sessions Court setting aside maintenance granted under Section 125 CrPC.
Remedy Sought
The applicants (wife and minor son) sought restoration of the maintenance order passed by the Magistrate.
Filing Reason
The Sessions Court set aside the maintenance order on the ground that the wife failed to prove neglect or refusal to maintain by the husband.
Previous Decisions
The Judicial Magistrate, First Class, Ghodnadi, awarded maintenance of Rs.200/- per month to the wife and Rs.100/- per month to the child on 25th April 1996. The Additional Sessions Judge, Pune, set aside that order on 30th April 2001.
Issues
Whether the wife proved that the husband neglected or refused to maintain her and the child under Section 125 CrPC.
Whether the wife had justifiable ground to live separately from the husband.
Submissions/Arguments
The applicants argued that the wife was subjected to cruelty by the husband and his mother, forced to live in a cattle-shed, and sent to her parents' house after sex determination of the child, and the husband failed to maintain her.
The respondent husband argued that the wife failed to prove neglect or refusal to maintain and that she left without justifiable cause.
Ratio Decidendi
Under Section 125 CrPC, a wife is entitled to maintenance if the husband neglects or refuses to maintain her despite having sufficient means, and she has justifiable ground to live separately. In this case, the wife proved that the husband's conduct amounted to cruelty and neglect, and she had justifiable cause to live apart. The husband, being an agriculturist, had sufficient means but failed to maintain his wife and child.
Judgment Excerpts
The marriage of Applicant No.1 with Respondent No.1 had taken place in the year 1993 at Village Karde.
Applicant No.1 was compelled to reside in the cattle-shed and not allowed to enter into the house.
Respondent No.1 was giving her meals in the late night and used to meet her.
It was ascertained whether the child in her womb was a female or a male and then, for her delivery, she was sent to the house of her parents.
The Sessions Court was pleased to set aside the Judgment and Order dated 25th April 1996 of the Judicial Magistrate, First Class, Ghodnadi.
Procedural History
The wife filed Criminal Miscellaneous Application No.232 of 1995 under Section 125 CrPC before the Judicial Magistrate, First Class, Ghodnadi, who allowed it on 25th April 1996. The husband filed Criminal Revision Application No.272 of 1996 before the Additional Sessions Judge, Pune, who set aside the maintenance order on 30th April 2001. The wife and child then filed the present Criminal Revision Application No.272 of 2002 before the High Court of Bombay, which was allowed on 9th December 2015.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125
