Case Note & Summary
The case involves a criminal revision application filed by Rajendra Sahare (husband) challenging the judgment and order dated 11th April 2012 passed by the Family Court, Nagpur, which allowed the maintenance petition filed by his wife Hema and daughter Samiksha under Section 125 of the Code of Criminal Procedure, 1973. The parties were married on 14th December 1997. Shortly after marriage, the wife developed lactation due to a medical condition called hyperprolactemia (hormonal changes). The husband suspected her character and fidelity, alleging she had aborted before marriage or had relations with her cousin. Despite medical examination confirming the condition, the husband continued mental torture. The wife and daughter filed for maintenance. The Family Court granted maintenance. The husband challenged this, arguing the wife was not entitled due to her alleged unchaste conduct. The High Court examined the evidence and found that the husband failed to prove any misconduct. The medical condition was a natural hormonal issue, not evidence of adultery. The court held that the Family Court correctly appreciated the evidence and awarded maintenance. The revision was dismissed, upholding the maintenance order.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Wife's Right to Maintenance - Husband's allegation of unchastity based on wife's lactation before conception due to hyperprolactemia - Held that the medical condition does not prove adultery and the husband failed to prove wife's misconduct; maintenance rightly granted (Paras 2-10). B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Child's Right to Maintenance - Daughter entitled to maintenance from father irrespective of marital discord - Held that the Family Court correctly awarded maintenance to the minor daughter (Paras 2-10).
Issue of Consideration
Whether the Family Court was justified in granting maintenance to the wife and daughter under Section 125 CrPC despite the husband's allegations of unchastity based on lactation before conception.
Final Decision
The High Court dismissed the criminal revision application, upholding the Family Court's order granting maintenance to the wife and daughter under Section 125 CrPC.
Law Points
- Maintenance under Section 125 CrPC
- Wife's right to maintenance
- Child's right to maintenance
- Burden of proof on husband to show wife's misconduct
- Medical condition hyperprolactemia not evidence of adultery
