Case Note & Summary
The petitioner, Dinkar Fakirrao Adhav, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the judgment and order dated 1.1.2010 passed by the Additional Sessions Judge, Sangamner, in Criminal Revision Application No.7/2007. The revision application had confirmed the maintenance of Rs.600 per month granted to the respondent-wife, Vimal Dinkar Adhav, by the Judicial Magistrate First Class, Sangamner, in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner-husband contended that the respondent-wife had remarried after their divorce, and therefore, she was not entitled to maintenance from him. The facts reveal that the petitioner and respondent were married on 22nd January 1980 as per Hindu rites. Due to marital discord, the respondent-wife filed a petition for divorce, which was granted by the Civil Judge, Senior Division, Sangamner, on 12th July 2005. Subsequently, the respondent-wife filed an application under Section 125 CrPC seeking maintenance from the petitioner. The petitioner opposed the application on the ground that the respondent-wife had remarried after the divorce. The Judicial Magistrate First Class allowed the maintenance application, and the revision application was dismissed by the Additional Sessions Judge. The High Court examined the evidence, including the respondent-wife's admission in cross-examination that she had performed marriage with another person and was living with him. The court held that the fact of remarriage need not be proved beyond reasonable doubt; it is sufficient if it is established on preponderance of probabilities. The court further held that under Section 125(4) CrPC, a divorced wife is entitled to maintenance only until she remarries. Once she remarries, her right to maintenance from the former husband ceases. Accordingly, the High Court allowed the writ petition, quashed the maintenance order, and set aside the judgments of the lower courts.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Remarriage of divorced wife - Right to maintenance ceases upon remarriage - The court examined whether the respondent-wife had remarried after divorce, thereby disentitling her to maintenance from the petitioner-husband. The court held that the wife's remarriage, even if not strictly proved as per Hindu rites, can be inferred from circumstances and conduct, and once remarried, she is not entitled to maintenance from her former husband. (Paras 1-10) B) Evidence - Proof of Remarriage - Standard of proof - Preponderance of probabilities - The court held that the fact of remarriage need not be proved beyond reasonable doubt; it is sufficient if it is established on preponderance of probabilities. The court relied on the wife's own admission in cross-examination that she had performed marriage with another person and was living with him, which amounted to remarriage. (Paras 7-9) C) Family Law - Maintenance - Section 125 CrPC - Effect of divorce and remarriage - The court clarified that under Section 125(4) CrPC, a divorced wife is entitled to maintenance only until she remarries. Once she remarries, her right to maintenance from the former husband ceases. The court set aside the maintenance order granted by the lower courts. (Paras 8-10)
Issue of Consideration
Whether a divorced wife who has remarried is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973 from her former husband.
Final Decision
The High Court allowed the writ petition, quashed the judgment and order dated 1.1.2010 passed by Additional Sessions Judge, Sangamner in Criminal Revision Application No.7/2007, and set aside the maintenance order of Rs.600 per month granted to the respondent-wife.
Law Points
- Maintenance under Section 125 CrPC is not payable to a divorced wife who has remarried
- Remarriage after divorce terminates the right to maintenance
- Burden of proof of remarriage lies on the husband
- Standard of proof for remarriage is preponderance of probabilities
