Leaving matrimonial home due to cruelty of husband is not desertion: Rajasthan High Court

The High Court of Rajasthan, through learned judge, Justice Pushpendra Sigh Bati in the case Richa Dharu v. Hemant Panwar (S.B. Criminal Revision Petition No. 1258/2019) held that leaving a matrimonial home due to cruelty of husband is not desertion.

BRIEF FACTS OF THE CASE: The petitioner approached the court to quash the order passed by the Family Court, Bikaner that denied divorce to the petitioner and prayed to allow the application filed by the petitioner under Section 125 Cr.P.C. and accordingly award the amount of maintenance to the petitioner Rs.30,000/- per month from the date of filing of the application. 

JUDGEMENT: After hearing the contentions raised by both the parties, the court observed that the learned Family court had gravely erred in denying the maintenance on the ground of divorce and cruelty. The court noted that the Family Court came out with a judgement without considering the definition of wife provided under Section 125(1) Cr.P.C. The court remarked “The maintenance is one thing, which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away. The circumstances created by the husband, if not conducive, are bound to push away the wife”. The impugned order passed by learned Family Court No.2, Bikaner was thereby quashed. The court directed that the petitioner-wife is entitled to receive the maintenance to a sum of Rs.10,000/- per month from the respondent-husband from the date of filing the petition.


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