Case Note & Summary
The case arises from a criminal revision application filed by the husband, Shaikh Basid, against a common judgment and order dated 09.02.2005 passed by the Family Court, Aurangabad, in two petitions: one filed by the husband for restitution of conjugal rights (Petition No. A239 of 2004) and another filed by the wife, Yasminabano, for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (Petition No. E311/2004). The marriage was solemnized on 05.05.2002 at Aurangabad. According to the husband, the wife lived with him for only five to six months until November 2002, and thereafter left his house on 05.02.2004, refusing to join him despite efforts. He claimed she used to quarrel with his family members. The wife, on the other hand, alleged that she lived with him for one and a half years, but his mother ill-treated and beat her, and the husband also beat her on account of an unlawful demand of Rs.10,000/-. She stated that she was ready to join him only if he kept her separately and gave an undertaking for good treatment, as she apprehended 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 her Rs.500/- per month. The husband challenged this order in the High Court. The High Court examined the evidence and found that the wife's allegations of cruelty and dowry demand were substantiated, and the husband failed to prove that the wife left without sufficient reason. The court held that the wife had justifiable grounds to refuse to live with the husband, and therefore, the maintenance order was proper. The revision application was dismissed, and the husband was directed to pay the arrears of maintenance within six months.
Headnote
A) Family Law - Maintenance under Section 125 CrPC - Justifiable refusal to cohabit - Cruelty and demand of dowry - The wife alleged ill-treatment and demand of Rs.10,000/- by husband and his mother, and she was beaten and dragged out of the house. The Family Court held that the wife had sufficient reason to live separately and granted maintenance of Rs.500/- per month. The High Court upheld the order, finding no perversity in the findings of fact. (Paras 1-10) B) Family Law - Restitution of Conjugal Rights - Grounds for refusal - Cruelty - The husband's application for restitution of conjugal rights was dismissed by the Family Court as the wife's refusal to cohabit was justified due to cruelty and dowry demand. The High Court affirmed, noting that the husband failed to prove that the wife left without sufficient reason. (Paras 1-10)
Issue of Consideration
Whether the wife had sufficient reason to refuse to live with her husband, thereby disentitling him to restitution of conjugal rights and entitling her to maintenance under Section 125 CrPC
Final Decision
Criminal Revision Application dismissed. Order of Family Court dated 09.02.2005 confirmed. Husband directed to pay arrears of maintenance within six months.
Law Points
- Maintenance under Section 125 CrPC
- Justifiable refusal to live with husband
- Cruelty and demand of dowry as valid grounds
- Burden of proof on husband to show wife's refusal without sufficient reason
