Case Note & Summary
The case involves a criminal revision filed by the husband, Aziz Ahmed, against the revisional order of the Additional Sessions Judge, Akot, which reversed the Magistrate's order rejecting the maintenance application filed by the wife, Wahidabi, and her two minor children under Section 125 of the Code of Criminal Procedure, 1973. The husband argued that the wife deserted the matrimonial home voluntarily and was not entitled to maintenance, and that the revisional court erred in relying on a rejoinder affidavit regarding his second marriage. The wife contended that the husband neglected and refused to maintain her and the children, and that she was forced to live with her parents. The High Court examined the evidence, particularly the wife's testimony, which clearly showed that the husband did not maintain her or the children, and that she had lodged a complaint under Section 498A IPC for ill-treatment. The court held that the husband's failure to provide maintenance amounted to neglect and refusal to maintain, and that the revisional court's order granting maintenance was justified. The court dismissed the revision, upholding the maintenance order.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Neglect and Refusal to Maintain - The wife and children are entitled to maintenance under Section 125 CrPC when the husband neglects to maintain them, even if the wife left the matrimonial home, if the evidence shows the husband's neglect and refusal to maintain. The court held that the husband's failure to pay maintenance and his conduct of not caring for the wife and children amounts to neglect and refusal to maintain. (Paras 4-5) B) Criminal Law - Maintenance - Section 125 CrPC - Evidence of Neglect - The wife's evidence that the husband did not maintain her and the children, and that she had lodged a complaint under Section 498A IPC for ill-treatment, is sufficient to establish neglect and refusal to maintain. The court held that the husband's intention to neglect is inferred from his failure to provide maintenance. (Para 4) C) Criminal Law - Maintenance - Section 125 CrPC - Revisional Court's Order - The revisional court's order granting maintenance is justified when the Magistrate's order rejecting maintenance is perverse and not based on proper appreciation of evidence. The High Court upheld the revisional order, finding no error in the conclusion that the husband neglected to maintain the wife and children. (Paras 4-5)
Issue of Consideration
Whether the wife and children are entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973 when the wife left the matrimonial home and the husband claims she deserted him.
Final Decision
The High Court dismissed the criminal revision, upholding the revisional court's order granting maintenance to the wife and children under Section 125 CrPC.
Law Points
- Maintenance under Section 125 CrPC
- Neglect and refusal to maintain
- Wife's right to maintenance
- Children's right to maintenance
- Revisional court's power
