Case Note & Summary
The case involves a criminal writ petition filed by Smt. Abhilasha Kamble and her minor daughter against Nilesh Meshram and the State of Maharashtra. The petitioners challenged the order of the Additional Sessions Judge, Nagpur, which set aside the maintenance granted to them by the Magistrate under Section 125 CrPC. The marriage between Abhilasha and Nilesh was dissolved by a decree of divorce on the ground of cruelty by the wife. During the pendency of the revision application filed by the husband, the divorce was granted. The Additional Sessions Judge, relying on Deb Narayan Halder vs. Smt. Anushree Halder, held that since the divorce was on the ground of cruelty by the wife, she was not entitled to maintenance. The High Court examined the issue and found that the Additional Sessions Judge did not record any finding that the ingredients of Section 125 CrPC were not fulfilled. The court clarified that the ground of divorce does not automatically disentitle a divorced wife from claiming maintenance; the court must consider her inability to maintain herself and her conduct after divorce. The High Court allowed the petition, set aside the order of the Additional Sessions Judge, and restored the Magistrate's order granting maintenance.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Entitlement of Divorcée - The issue was whether a woman divorced on the ground of her cruelty to the husband is entitled to maintenance under Section 125 CrPC. The Magistrate granted maintenance, but the Additional Sessions Judge reversed it relying on Deb Narayan Halder vs. Smt. Anushree Halder. The High Court held that the ground of divorce does not automatically disentitle a divorced wife from claiming maintenance; the court must consider her inability to maintain herself and conduct after divorce. The petition was allowed, and the order of the Magistrate was restored. (Paras 2-5)
Issue of Consideration
Whether a divorcée woman, whose marriage has been dissolved on the ground of her cruelty to the husband, is entitled to receive maintenance under Section 125 of the Code of Criminal Procedure, 1973
Final Decision
The petition is allowed. The impugned order of the Additional Sessions Judge is set aside. The order of the Magistrate granting maintenance is restored. Rule is made absolute in those terms.
Law Points
- Maintenance under Section 125 CrPC is not automatically barred by a divorce decree on ground of cruelty
- entitlement depends on inability to maintain herself
- conduct after divorce relevant
- not the ground of divorce
Case Details
2018 LawText (BOM) (02) 156
Criminal Writ Petition No.799 of 2017
Shri K.B. Zinjarde for the Petitioners, Shri H.K. Lingayat for Respondent No.1
Smt. Abhilasha d/o Uprendra Kamble (earlier known as Su. Abhilasha W/o Nilesh Meshram) and Kumari Harshini alias Mugdha D/o Nilesh Meshram
Mr. Nilesh s/o Deepak Meshram and The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging the order of Additional Sessions Judge setting aside maintenance granted under Section 125 CrPC
Remedy Sought
Petitioners sought restoration of maintenance order passed by the Magistrate
Filing Reason
The Additional Sessions Judge set aside the maintenance order on the ground that the divorce was granted on the ground of cruelty by the wife
Previous Decisions
Magistrate granted maintenance; Additional Sessions Judge allowed revision and set aside maintenance
Issues
Whether a divorcée woman, whose marriage has been dissolved on the ground of her cruelty to the husband, is entitled to receive maintenance under Section 125 CrPC
Submissions/Arguments
Petitioners argued that the Additional Sessions Judge erred in relying on Deb Narayan Halder without recording that ingredients of Section 125 CrPC were not fulfilled
Respondent No.1 submitted that the conclusion of the Additional Sessions Judge is correct and consistent with facts
Ratio Decidendi
The ground of divorce, even if it is cruelty by the wife, does not automatically disentitle a divorced wife from claiming maintenance under Section 125 CrPC. The court must consider her inability to maintain herself and her conduct after divorce. The mere fact that the divorce was on the ground of cruelty does not bar maintenance.
Judgment Excerpts
The only issue arises for consideration is, as to whether or not a divorcée woman, whose marriage has been dissolved on the ground of her cruelty to the husband, is entitled to receive maintenance under Section 125 of the Code of Criminal Procedure.
The learned Additional Sessions Judge did not record any categorical finding that the ingredients of Section 125 of the Cr.P.C. have not been shown to be fulfilled by the petitioner so as to dis-entitle her to any order of maintenance under this Section.
Procedural History
The Magistrate granted maintenance to the petitioners under Section 125 CrPC. Respondent No.1 filed a revision application before the Additional Sessions Judge, who allowed it and set aside the maintenance order. The petitioners then filed the present criminal writ petition before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
