Case Note & Summary
The petitioner, Dr. Shrishail Ramakrishna Bijapure, filed a revision petition under Section 19(4) of the Family Courts Act against an order dated 21.11.2013 passed by the Principal Judge, Family Court, Hubli, in Crl.Misc.No.154/2012. The Family Court had granted maintenance of Rs.5,000 per month to the respondent, Smt. Vidya, who is the divorced wife of the petitioner. The petitioner and respondent were married and later divorced by a decree dated 12.04.2012 passed in M.C.No.29/2009 by the Civil Judge (Sr.Dn.), Raibag. The petitioner challenged the maintenance order on the ground that the relationship of husband and wife had ceased due to the divorce decree, and therefore, the respondent was not entitled to maintenance under Section 125 CrPC. The High Court examined the brief facts and the legal position. The court noted that the respondent had filed the petition under Section 125 CrPC seeking maintenance, and the Family Court had allowed it partly, granting Rs.5,000 per month from the date of the petition. The petitioner's main contention was that after the divorce, the respondent ceased to be his wife and thus could not claim maintenance. However, the High Court held that under Section 125 CrPC, a divorced wife is entitled to maintenance until she remarries, provided she is unable to maintain herself. The court observed that the decree of divorce does not automatically disentitle the wife from claiming maintenance. The court found no merit in the revision petition and dismissed it, confirming the Family Court's order. The decision reinforces the principle that maintenance under Section 125 CrPC is a social justice measure to prevent destitution and vagrancy, and it applies to divorced wives as well.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Entitlement of Divorced Wife - The issue was whether a divorced wife can claim maintenance under Section 125 CrPC after divorce. The court held that a divorced wife continues to be a 'wife' for the purpose of Section 125 CrPC and is entitled to maintenance until she remarries, provided she is unable to maintain herself. The decree of divorce does not extinguish her right to maintenance. (Paras 2-4)
Issue of Consideration
Whether a divorced wife is entitled to maintenance under Section 125 CrPC after the dissolution of marriage by a decree of divorce.
Final Decision
The revision petition is dismissed. The order dated 21.11.2013 passed by the Principal Judge, Family Court, Hubli, in Crl.Misc.No.154/2012 is confirmed.
Law Points
- Maintenance under Section 125 CrPC is payable to a divorced wife until she remarries
- provided she is unable to maintain herself. The fact of divorce does not automatically disentitle her to maintenance.
