Case Note & Summary
The petitioner, Shaikhinabee, filed a criminal revision application against the order of the Sessions Court, Nanded, which set aside the maintenance awarded to her by the Judicial Magistrate, First Class, Loha, under Section 125 CrPC. The petitioner was married to the respondent, Sayyed Wali, for 30 years prior to filing the proceedings. The couple had two married daughters. The petitioner alleged that she was subjected to cruelty and was driven out of the matrimonial home. The respondent husband alleged that the petitioner had developed illicit relations with one Uttam. The Judicial Magistrate awarded maintenance of Rs. 500 per month. On appeal, the Sessions Court set aside the order, holding that the wife was living in adultery. The High Court examined the evidence and found that the husband's allegations were not supported by any evidence. The court noted that the husband did not examine any witness, including Uttam, to prove the allegation. The court held that the burden of proving adultery lies on the husband, and mere allegations are insufficient. The court also considered that the wife had no independent income and was unable to maintain herself. The High Court allowed the revision, restored the order of the Judicial Magistrate, and directed the husband to pay maintenance of Rs. 500 per month from the date of application. The court also directed that the arrears be paid within six months.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Adultery as a bar - The husband alleged that the wife had illicit relations with one Uttam, but failed to produce any evidence. The court held that mere allegations without proof cannot disentitle the wife to maintenance. The burden of proving adultery lies on the husband, and the standard of proof is preponderance of probabilities. (Paras 3-5) B) Criminal Law - Maintenance - Section 125 CrPC - Quantum of maintenance - The wife was married 30 years prior, had two married daughters, and was living separately due to cruelty. The court considered the husband's income and the wife's needs, and awarded maintenance of Rs. 500 per month from the date of application. (Paras 6-7)
Issue of Consideration
Whether the wife is entitled to maintenance under Section 125 CrPC despite the husband's allegation of adultery, and whether the courts below erred in denying maintenance based on unsubstantiated allegations.
Final Decision
The High Court allowed the revision application, set aside the order of the Sessions Court, and restored the order of the Judicial Magistrate awarding maintenance of Rs. 500 per month from the date of application. The husband was directed to pay arrears within six months.
Law Points
- Maintenance under Section 125 CrPC
- Adultery as a bar to maintenance
- Burden of proof on husband alleging adultery
- Standard of proof for adultery in maintenance proceedings
