Court Affirms Maintenance for Minor Son, Demands Explanation from Family Court Judge for Overlooking Remarriage
In a significant ruling, the Allahabad High Court, presided over by Justice Praveen Kumar Giri, has clarified the legal stance on maintenance claims by remarried wives. The court ruled that a woman who has remarried is not entitled to claim maintenance from her former husband under Section 125 of the Criminal Procedure Code, 1973, now addressed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This decision came in the case of Rajesh Chaturvedi v. State of U.P., where the petitioner, Rajesh Chaturvedi, challenged the order of the Additional Principal Judge, Family Court, Jhansi, which directed him to pay Rs. 10,000 as maintenance to his former wife, Swati Agaria, despite her remarriage. The court found that after remarriage, Swati Agaria could no longer be considered a "wife" for the purpose of maintenance from her previous marriage.
Justice Giri emphasized that maintenance is intended to prevent vagrancy and destitution, not to serve as a loan. The court upheld the principle that upon remarriage, a woman ceases to be eligible for maintenance from her former husband under the applicable legal provisions. Consequently, the direction to pay maintenance to the remarried wife was set aside.
However, the court maintained the order for the payment of maintenance to the minor son, ensuring his welfare remains protected irrespective of the mother's remarital status.
The judgment also highlighted procedural irregularities on the part of the Family Court, Jhansi, which overlooked the remarriage in its initial order. The High Court has sought an explanation from the Additional Principal Judge for ignoring the remarriage objection raised by the petitioner. Justice Giri directed the judge to submit a detailed explanation for this oversight.
The court's decision underscores the legal interpretation of the term "wife" in maintenance cases, reinforcing the necessity for accurate representation in such proceedings. The judgment not only provides clarity on the maintenance rights of remarried women but also ensures the continued protection of children’s rights to maintenance.
Bottom Line :
Wife who has remarried is not entitled to claim maintenance under Section 125 Cr.P.C./144(1) BNSS, as she ceases to fall within the ambit of the term "wife" for the purposes of claiming maintenance from her former husband.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Rajesh Chaturvedi v. State of U.P., (Allahabad) : Law Finder Doc id # 2965604
