Case Note & Summary
The petitioner, Sou. Surekha Sanjay Shriram, is the wife of the respondent, Sanjay Appasaheb Shriram. Their marriage was solemnized on 9th May 1997 according to Hindu Vedic rites. The petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) seeking monthly maintenance from her husband. The learned II Joint Civil Judge (S.D.), Sangli, allowed the application and directed the respondent to pay a monthly allowance of Rs. 500 towards maintenance. The respondent challenged this order before the Sessions Court, which set aside the order on the ground that the husband had offered to keep the wife in his house and she had refused without sufficient reason. The wife then filed the present writ petition before the Bombay High Court. The High Court examined the evidence and found that the wife had alleged ill-treatment and harassment by the husband, including demands for dowry and physical abuse. The court noted that the husband's offer to keep the wife was conditional and not genuine, as he had previously driven her out of the matrimonial home. The court held that the wife had justifiable reason to live separately and was entitled to maintenance. The court restored the trial court's order, directing the husband to pay Rs. 500 per month as maintenance. The court also clarified that the wife's right to maintenance is not defeated merely because the husband offers to maintain her in his house if she has valid grounds to refuse cohabitation.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Wife's Right to Separate Residence - A wife is entitled to maintenance even if the husband offers to maintain her in his house, if she has justifiable reason to live separately, such as ill-treatment, harassment, or cruelty. The court held that the wife's refusal to live with the husband was justified based on evidence of harassment. (Paras 1-10) B) Criminal Procedure Code - Maintenance - Quantum - Section 125 CrPC - The quantum of maintenance must be determined based on the husband's income and the wife's needs. The court upheld the trial court's award of Rs. 500 per month, considering the husband's income and the wife's inability to maintain herself. (Paras 1-10)
Issue of Consideration
Whether a wife is entitled to maintenance under Section 125 CrPC when the husband offers to keep her in his house but she refuses to live with him due to ill-treatment and harassment.
Final Decision
The High Court allowed the writ petition, set aside the Sessions Court's order, and restored the trial court's order directing the husband to pay Rs. 500 per month as maintenance to the wife.
Law Points
- Section 125 CrPC
- maintenance
- wife's right to separate residence
- justifiable reason to live separately
- offer to maintain
- quantum of maintenance
