The Delhi High Court Bench comprising Justice Chandra Dhari Singh, which was dealing with a criminal revision petition filed by the husband challenging the maintenance order, issued a notice concerning the plea as to whether a wife living together with her husband in a house belonging to him- is entitled to maintenance under Section 125 of Cr.P.C. or not.
Background
The instant Criminal Revision Petition was filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973.
Petitioner prayed for the following relief:
To call for the record of the family court in the Maintenance Petition titled Anita vs. Sitaram pending trial before Ld. Principal Judge Family Court, North East, Karkardooma Court, Delhi and allow the present criminal revision petition and set aside the impugned order dated 15.11.2021 whereby the interim Maintenance application of the respondent under section 125 of the Code of Criminal Procedure, 1973 has been allowed.
Dismiss/ quash the Maintenance petition proceedings bearing no. 32/2021 titled Anita v. Sitaram pending before Ld. Principal Judge Family Court, North East, Karkardooma Court, Delhi, filed by the respondent-wife, as being barred by law.
Learned counsel for the Petitioner submitted that the interim maintenance has been awarded by the Court vide order dated 15th November 2021 without considering specific averments made by the petitioner herein that the respondent is residing in the same house where the petitioner is residing i.e. matrimonial home.
It was contended that the wife/respondent was residing in the same house and she was not entitled to any maintenance under Section 125 of Cr.P.C. To strengthen his arguments learned counsel had relied upon the judgment of the Hon’ble Supreme Court in Bhuwan Mohan Singh vs. Meena & Ors., (2015) 6 SCC 353 and the judgment of this Court titled Mala Nidar vs. Sunil Sagar decided on 10th November 2021.
The learned counsel had submitted that the learned Trial Court has not even considered the judgments cited on behalf of the petitioner while passing the impugned order. On instructions, he undertook that Rs.60,000/- shall be paid to the respondent within 45 days from today i.e. on or before 30th January 2022.
Order
Court took into consideration the contents of the Plea reading as,
"….the intent of section 125 Cr. P.C is clear that it should not be used to provide any Maintenance to those wives/ women who live separately from their husbands at their own will and without any sufficient reason. Thus, sub-clause (4) of section 125 Cr. P.C clearly implies that for a wife to claim Maintenance u/s 125 Cr. P.C, living separately from her husband is a pre-requisite,"
The Court issued notice to the respondent on filing process fee within a week, returnable on 10th February 2022. It was added that the receipt of payment of Rs. 60,000/- to the respondent shall be deposited with the Registry of this Court before the next date of hearing.
The matter was set to be heard next on February 10, 2022.
Case Details
Case Title: Shri Sita Ram v. Smt. Anita
Bench: Justice Chandra Dhari Singh
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