Case Note & Summary
The case involves a criminal revision application filed by Jyoti Bhojne (wife) and her minor son Aadarsh Bhojne against Tukaram Bhojne (husband/father). The applicants challenged the Family Court's order dated 20/08/2002 dismissing their petition for maintenance under Section 125 of the Code of Criminal Procedure, 1973. The marriage between Jyoti and Tukaram was solemnized on 21/05/1998, and a son was born. The applicants alleged that after a few months of marriage, the husband started making illegal demands for money and subjected the wife to cruelty. Consequently, the wife left the matrimonial home and filed for maintenance. The husband opposed the claim, asserting that he was willing to maintain his wife provided she lived with him, and that he was not liable to pay maintenance separately. The Family Court dismissed the petition, holding that the wife had not proved cruelty and that the husband's offer to maintain her on condition of cohabitation was valid. The High Court, in revision, examined the evidence and found that the wife had justifiable grounds to refuse to live with her husband due to his illegal demands and cruelty. The court held that the husband's conditional offer did not absolve him of his liability to pay maintenance. The court also noted that the minor son's right to maintenance is independent and cannot be denied. The High Court allowed the revision, set aside the Family Court's order, and directed the husband to pay maintenance of Rs. 500 per month to the wife and Rs. 300 per month to the son from the date of the application.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Wife's Right to Maintenance - Wife refused to live with husband due to cruelty and illegal demands - Husband offered to maintain her on condition of cohabitation - Held that wife has justifiable ground to refuse to live with husband, and husband's conditional offer does not disentitle her to maintenance (Paras 5-10). B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Minor Child - Maintenance for minor child is independent of wife's claim - Child is entitled to maintenance from father regardless of wife's refusal to cohabit (Para 10).
Issue of Consideration
Whether the wife is entitled to maintenance under Section 125 CrPC when she refuses to live with her husband due to his alleged cruelty and illegal demands, and whether the husband's offer to maintain her on condition of living with him is a valid defence.
Final Decision
The High Court allowed the revision application, set aside the Family Court's order, and directed the respondent to pay maintenance of Rs. 500 per month to the wife and Rs. 300 per month to the son from the date of the application (18/06/2001).
Law Points
- Maintenance under Section 125 CrPC
- Wife's right to refuse to live with husband
- Justifiable ground for refusal
- Cruelty
- Offer to maintain on condition of cohabitation
- Maintenance for minor child
