Case Note & Summary
The case involves a Criminal Revision Application filed by Smt. Dwarkabai and her two minor children challenging the judgment and order dated 30th September 2000 passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision Application No. 31 of 2000. The revisional court had partly allowed the revision filed by the husband/respondent and denied maintenance to the wife (Applicant No. 1) while granting maintenance to the children. The applicants had originally filed an application under Section 125 of the Code of Criminal Procedure, 1973 before the Judicial Magistrate, First Class, Shevgaon in 1998, claiming maintenance of Rs. 500 per month for the wife and Rs. 200 per month for each child, alleging that the husband refused and neglected to maintain them. The trial court, by judgment and order dated 30th December 1999, allowed the application and granted maintenance to all applicants. The husband filed a revision, which was partly allowed by the sessions court, denying maintenance to the wife. The High Court, after hearing the parties, set aside the revisional court's order regarding the wife and restored the trial court's order granting maintenance to her, while upholding the maintenance for the children. The court held that the revisional court had erred in denying maintenance to the wife without proper justification.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Wife's Right to Maintenance - The revisional court erred in denying maintenance to the wife while granting it to the children, as the wife is entitled to maintenance if she is unable to maintain herself and the husband has sufficient means. The trial court's order granting maintenance to the wife was restored. (Paras 1-7)
Issue of Consideration
Whether the revisional court was justified in denying maintenance to the wife while granting it to the children under Section 125 CrPC.
Final Decision
The High Court allowed the Criminal Revision Application partly, setting aside the revisional court's order denying maintenance to the wife, and restored the trial court's order granting maintenance to the wife. The Criminal Application No. 2737 of 2006 was disposed of accordingly.
Law Points
- Maintenance under Section 125 CrPC
- wife's right to maintenance
- children's maintenance
- revision against denial of maintenance
Case Details
2014 LawText (BOM) (06) 8
Criminal Revision Application No. 316 of 2000 alongwith Criminal Application No. 2737 of 2006
Mr. A.M. Hajare h/for Mr. A.B. Kale for applicants in Cri.Revn.Appln.316/00 and respondents in Cri.Appln.No.2737/06; Mr. P.B. Vikhe for applicant in Cri.Appln.No.2737/06 and respondent in Cri.Revn.Appln.316/00
Smt. Dwarkabai s/o Sambhaji Vetal, Prashant s/o Sambhaji Vetal, Vaishali s/o Sambhaji Vetal
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Nature of Litigation
Criminal revision application challenging the order of the Additional Sessions Judge denying maintenance to the wife under Section 125 CrPC.
Remedy Sought
The applicants sought restoration of the trial court's order granting maintenance to the wife and children.
Filing Reason
The husband refused and neglected to maintain the wife and children, leading to the filing of a maintenance application under Section 125 CrPC.
Previous Decisions
The trial court (Judicial Magistrate, F.C., Shevgaon) allowed the maintenance application on 30th December 1999. The revisional court (Additional Sessions Judge, Ahmednagar) partly allowed the husband's revision on 30th September 2000, denying maintenance to the wife.
Issues
Whether the revisional court was justified in denying maintenance to the wife under Section 125 CrPC.
Submissions/Arguments
The applicants argued that the revisional court erred in denying maintenance to the wife.
The respondent/husband opposed the revision.
Ratio Decidendi
The revisional court cannot arbitrarily deny maintenance to a wife under Section 125 CrPC when the trial court has found that the wife is unable to maintain herself and the husband has sufficient means.
Judgment Excerpts
By the present Criminal Revision Application, the Applicants are challenging the Judgment and Order dated 30th September, 2000 passed by the learned Addl.Sessions Judge, Ahmednagar in Cri.Revn.Appln.No.31 Of 2000, by which the learned Revisional Court was pleased to partly allowed the Cri.Revision filed on behalf of the present respondent / husband and denied the maintenance to present Applicant No.1 – Dwarkabai / wife.
Procedural History
In 1998, the applicants filed Cri.M.A.No.59 of 1992 under Section 125 CrPC before the Judicial Magistrate, F.C., Shevgaon. The trial court allowed the application on 30th December 1999. The husband filed a revision (Cri.Revn.Appln.No.31 of 2000) before the Additional Sessions Judge, Ahmednagar, who partly allowed it on 30th September 2000, denying maintenance to the wife. The wife and children then filed the present Criminal Revision Application No. 316 of 2000 before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
