Court Upholds Right to Maintenance Under Section 125 Cr.P.C., Orders Monthly Payment to Wife
In a significant ruling, the Karnataka High Court has overturned a previous decision by the Family Court, Hubli, which denied maintenance to a wife on the grounds of her earlier alimony claim being rejected and her educational qualifications. The High Court, presided over by Dr. Chillakur Sumalatha, J., has now ordered the respondent, Sri. Rajesh, to pay a monthly maintenance of Rs. 5,000 to his estranged wife, Smt. Sujata, in addition to the maintenance already granted to their son.
The case stems from a dispute over maintenance claims filed by Smt. Sujata and her son under Section 125 of the Criminal Procedure Code, 1973. The Family Court had earlier granted maintenance only to the son, citing the wife's educational qualifications and a lack of proof regarding the husband's income, which had previously led to the rejection of her permanent alimony claim during divorce proceedings.
The High Court, however, clarified that the rejection of permanent alimony due to insufficient proof of the husband's financial capacity does not preclude the wife's right to maintenance under Section 125 Cr.P.C. It further stated that educational qualifications alone do not disqualify a wife from receiving maintenance, especially in the absence of evidence proving her employment and self-sufficiency.
The court acknowledged the respondent's obligation to support his family, including his brother who suffers from mental illness, but emphasized that no substantial evidence was presented to justify the complete denial of maintenance to the wife. Consequently, the court ordered the respondent to provide maintenance to Smt. Sujata from the date of filing the petition until her lifetime or until she becomes disentitled to such support. The court also directed the clearance of all arrears within five months.
This judgment underscores the protective intent of Section 125 Cr.P.C., ensuring that women are not left destitute due to procedural technicalities or assumptions about their earning capabilities.
Bottom Line :
Maintenance under Section 125 Cr.P.C. cannot be denied to wife merely because her claim for permanent alimony in divorce proceedings was rejected for want of proof regarding husband's income, or merely because she is an M.A. graduate and capable of earning.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Smt. Sujata v. Sri. Rajesh, (Karnataka)(Dharwad) : Law Finder Doc id # 2989316
