The Bombay High Court at Aurangabad Bench modified a lower court’s order concerning maintenance to a divorced wife under Section 125 of the Criminal Procedure Code (CrPC). The petitioner-husband challenged the grant of maintenance to his ex-wife, citing errors in procedure and entitlement. The High Court upheld the wife’s right to maintenance under Section 125 post-divorce but revised the effective date for the commencement of the maintenance award.

1. Facts and Background (Paras 1-3):

   • Mrs. Nanda @ Komal Pawar, the respondent-wife, filed for maintenance under Section 125 CrPC, claiming ill-treatment due to her inability to bear children. During the pendency of this application, a divorce decree under Section 13(1)(ia) of the Hindu Marriage Act was passed in favor of the petitioner, Mr. Kishor Fulchand Pawar.
   • The Magistrate dismissed her application, holding she failed to prove refusal of maintenance. However, the Adhoc Additional Sessions Judge overturned this, granting her Rs. 1200 monthly from the date of application (21.11.2005).

2. Legal Issue (Paras 4-5):

   • The petitioner argued that without an amendment in the pleadings about divorce, the wife's entitlement to maintenance could not be considered. He sought to quash the Adhoc Judge's order, arguing the Court exceeded its jurisdiction.

3. Court’s Observations (Paras 6-8):

   • The Court emphasized that under Section 125 CrPC, a divorced wife remains entitled to maintenance as per Explanation (b) to sub-section (1), even if the divorce was undisputed.
   • The Revisional Court rightly corrected the Magistrate's dismissal but erred in setting the maintenance date from 21.11.2005, as the divorce occurred after that.
   • The High Court ruled that maintenance should start from 18.01.2006, the date when the wife became entitled post-divorce.

4. Court’s Order (Final Para):

   • The revision application was partly allowed, modifying the date of maintenance entitlement to 18.01.2006 instead of 21.11.2005.
   • The Revisional Court's findings on the quantum of maintenance were upheld.

Key Acts and Sections Discussed:

• Section 125 of the Criminal Procedure Code (CrPC):

  • Explanation (b) to sub-section (1): This provision entitles a divorced wife to maintenance if she remains unmarried, even after a decree of divorce.

• Section 13(1)(ia) of the Hindu Marriage Act, 1955:

  • Grounds for divorce based on cruelty.

Ratio Decidendi:

A woman divorced by her husband retains her status as a wife for the limited purpose of claiming maintenance under Section 125 CrPC until she remarries. The failure to amend pleadings regarding divorce is not fatal if both parties acknowledge the fact of divorce, and the right to maintenance arises from the date of divorce, not the date of initial separation.

Subjects:

Criminal writ petition regarding maintenance post-divorce under Section 125 CrPC.

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