Case Note & Summary
The case involves a criminal revision application filed by the husband against a common judgment and order dated 09.02.2005 passed by the Family Court, Aurangabad, in Petition No. A239 of 2004 (husband's petition for restitution of conjugal rights) and Petition No. E311/2004 (wife's application for maintenance under Section 125 CrPC). The marriage was solemnized on 05.05.2002 at Aurangabad. The husband alleged that the wife lived with him for only five to six months till November 2002, and left his house on 05.02.2004, refusing to join him despite efforts. The wife contended that she lived with him for one and a half years, but was ill-treated and beaten by the husband and his mother on account of an unlawful demand of Rs.10,000/-. She expressed readiness to join him only if he keeps her separately and gives an undertaking for good treatment, as she apprehends danger to her life. The Family Court dismissed the husband's petition for restitution of conjugal rights and allowed the wife's maintenance application, granting Rs.500/- per month. The husband challenged this order. The High Court, after considering the submissions, held that the wife's refusal to live with the husband was justified due to cruelty and the demand for separate residence. The court found that the husband failed to prove that the wife left without sufficient reason. The revision was dismissed, and the order of maintenance was upheld.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Justifiable refusal to live with husband - Wife's refusal to live with husband due to ill-treatment, beatings, and demand of Rs.10,000/- constitutes sufficient reason - Husband's petition for restitution of conjugal rights dismissed - Held that wife is entitled to maintenance as she has shown reasonable apprehension of danger to her life (Paras 1-10).
Issue of Consideration
Whether the wife's refusal to live with the husband was justified due to cruelty and demand for separate residence, entitling her to maintenance under Section 125 CrPC.
Final Decision
The High Court dismissed the Criminal Revision Application, upholding the Family Court's order granting maintenance of Rs.500/- per month to the wife.
Law Points
- Maintenance under Section 125 CrPC
- Justifiable refusal to live with husband
- Cruelty as ground for separate residence
- Burden of proof on husband to show wife's refusal without sufficient reason
Case Details
2019 LawText (BOM) (02) 12
Criminal Revision Application No. 63 of 2005
Mr. C. V. Joshi h/f Mr. S. P. Tilve for the Applicant, Mr. B. V. Virdhe, APP for Respondent No.1
Shaikh Basid s/o Sk. Majid
1. The State of Maharashtra, 2. Yasminabano w/o Sk. Basid
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Nature of Litigation
Criminal Revision Application against common judgment and order in husband's petition for restitution of conjugal rights and wife's maintenance application under Section 125 CrPC.
Remedy Sought
Husband sought setting aside of the Family Court's order dismissing his restitution petition and granting maintenance to the wife.
Filing Reason
Husband aggrieved by the Family Court's order dated 09.02.2005 dismissing his petition for restitution of conjugal rights and allowing wife's maintenance application.
Previous Decisions
Family Court, Aurangabad, by common judgment dated 09.02.2005 dismissed husband's Petition No. A239/2004 and allowed wife's Petition No. E311/2004 granting maintenance of Rs.500/- per month.
Issues
Whether the wife's refusal to live with the husband was justified under Section 125 CrPC?
Whether the husband is liable to pay maintenance to the wife?
Submissions/Arguments
Husband argued that wife left without sufficient reason and refused to join him despite efforts.
Wife contended that she was ill-treated, beaten, and there was a demand of Rs.10,000/-; she is ready to join if kept separately with an undertaking for good treatment.
Ratio Decidendi
A wife's refusal to live with her husband is justified if there is cruelty, ill-treatment, or reasonable apprehension of danger to her life. The husband's conduct of beating and demanding money constitutes cruelty, and the wife's insistence on separate residence is a valid ground for refusing cohabitation, entitling her to maintenance under Section 125 CrPC.
Judgment Excerpts
Being aggrieved by the common judgment and order dated 09.02.2005 passed in Petition No. A239 of 2004 filed by the present applicant seeking restitution of conjugal rights and Petition No. E311/2004 filed by the respondentwife seeking maintenance under Section 125 of the Code of Criminal Procedure, 1973, the present Criminal Revision Application has been preferred by the applicanthusband.
According to the respondentwife, she lived with the applicanthusband for one and a half year. His mother used to ill treat her and beat her and he also used to illtreat her on account of an unlawful demand of Rs.10,000/ and that the applicant also used to beat her on the say of his mother.
Procedural History
The husband filed Petition No. A239/2004 for restitution of conjugal rights and the wife filed Petition No. E311/2004 for maintenance under Section 125 CrPC. The Family Court, Aurangabad, by common judgment dated 09.02.2005 dismissed the husband's petition and allowed the wife's petition granting maintenance of Rs.500/- per month. The husband filed Criminal Revision Application No. 63 of 2005 before the Bombay High Court, which was dismissed on 06.02.2019.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
