Case Note & Summary
The applicant husband challenged the maintenance order passed by the Judicial Magistrate First Class, Shevgaon, which granted monthly maintenance of Rs.500/- to his wife (respondent No.1) and Rs.400/- to his minor son (respondent No.2). The husband alleged that the wife had illicit relations and that the son was not his biological child, and that she had left the matrimonial home voluntarily. The wife contended that the husband made unlawful demands, ill-treated her, and drove her out. The High Court, after hearing the parties, held that the husband failed to prove the wife's adultery or that the child was illegitimate. The court noted that the wife was unable to maintain herself and the child, and the husband had neglected to maintain them. The maintenance amounts were found to be reasonable. The court dismissed the criminal application, confirming the orders of the lower courts.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Wife's Right to Maintenance - The court upheld the maintenance granted to the wife and child, holding that the husband failed to prove the wife's adultery or that the child was illegitimate. The wife's inability to maintain herself and the husband's neglect were established. (Paras 1-10)
B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Child's Right to Maintenance - The court confirmed maintenance for the minor son, rejecting the husband's claim that the child was not his, as no evidence of non-access was provided. (Paras 1-10)
C) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The court found the maintenance amounts of Rs.500/- for wife and Rs.400/- for child to be reasonable and not excessive, considering the husband's income and the wife's needs. (Paras 1-10)
Issue of Consideration
Whether the courts below erred in granting maintenance to the wife and child under Section 125 CrPC despite the husband's allegations of adultery and that the child was not his biological child.
Final Decision
The High Court dismissed the criminal application, confirming the maintenance orders of the lower courts.
Law Points
- Maintenance under Section 125 CrPC
- Wife's right to maintenance
- Child's right to maintenance
- Burden of proof on husband to prove wife's adultery
- Maintenance quantum
- Revision against maintenance order
Case Details
2010 LawText (BOM) (02) 2
Criminal Application No.1935 of 2006
Ms Pooja Landhe, Shri N.D. Zinjurde Patil, Shri Ravi Bangar, Shri S.D. Kaldate
Shri Annasaheb Maroti Dhotre
Sau. Kalabai w/o Annasaheb Dhotre, Master Amol s/o Annasaheb Dhotre, The State of Maharashtra
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Nature of Litigation
Criminal application challenging maintenance order under Section 125 CrPC.
Remedy Sought
The applicant husband sought to set aside the maintenance orders passed by the Magistrate and the Sessions Judge.
Filing Reason
The husband alleged that the wife had illicit relations and that the child was not his, and that she left voluntarily; he challenged the grant of maintenance.
Previous Decisions
The Judicial Magistrate First Class, Shevgaon granted maintenance of Rs.500/- to wife and Rs.400/- to child on 18.8.2003. The I Adhoc Additional Sessions Judge, Ahmednagar dismissed the husband's revision on 27.6.2005.
Issues
Whether the wife is entitled to maintenance under Section 125 CrPC despite allegations of adultery?
Whether the child is entitled to maintenance despite husband's claim that he is not the biological father?
Whether the quantum of maintenance is reasonable?
Submissions/Arguments
The husband argued that the wife had illicit relations and the child was not his, and that she left voluntarily.
The wife argued that the husband made unlawful demands, ill-treated her, and drove her out, and she was unable to maintain herself and the child.
Ratio Decidendi
The husband failed to prove the wife's adultery or that the child was illegitimate. The wife's inability to maintain herself and the child, and the husband's neglect, were established. The maintenance amounts were reasonable.
Judgment Excerpts
Perused. Heard learned counsel for the parties.
The applicant (original opponent-husband) has preferred the present application challenging the judgment and order passed by learned Judicial Magistrate, First Class, Shevgaon, District Ahmednagar on 18.8.2003, granting the monthly maintenance of Rs.500/- to the applicant No.1 and Rs.400/- to the applicant No.2...
Procedural History
The wife filed a maintenance application under Section 125 CrPC. The Magistrate granted maintenance on 18.8.2003. The husband filed a revision before the Sessions Court, which was dismissed on 27.6.2005. The husband then filed the present criminal application in the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125
