Wife entitled to maintenance under Section 125 of Cr.PC if a man simply performs marital obligations : Bombay HC
TITLE : Alka Bhausaheb Bhad v Bhausaheb Ramrao Bhad and The state of Maharashtra
CITATION : WP No 15368 of 2023
CORAM : Hon’ble justice Rajesh S. Patil
DATE: 14th December, 2023
INTRODUCTION :
A writ was filed under Article 226 of the Constitution to challenge the order and judgement given by the Additional Sessions Judge in the matter of paying maintenance under Section 125 Cr.PC.
FACTS :
The petitioner filed an application being Criminal Application under Section 125 of the Code of Criminal Procedure, 1973 for grant of maintenance before the J.M.F.C against the respondent.
The petitioner pleaded that she is the Second Wife of the respondent and her marriage took place in the year 1989. She was made to believe that the first wife was not cohabiting with him properly. The petitioner gave birth to a male child. The petitioner has given consent to let the first wife cohabit with him through sessions of mediation. The petitioner and the first wife after a while gave birth to a male child each. The husband shortly after that started harassing the wife and was acting violently towards her. The husband was paying maintenance till 2011 and after the instigation of the first wife, he stopped paying. The petitioner claimed 5000 per month as maintenance.
The JMFC in its ordered granted the petitioner Rs.2500 per month as maintenance after hearing both the parties. The respondent husband appealed the decision and the Sessions judge set aside the order. The same was being challenged in the current matter.
COURT’S ANALYSIS
The court held that the husband is to pay maintenance irrespective of whether or not he was married to the second wife. The fact remains that he was in cohabitation with the second wife and had two children with her. It is a well established fact that Under Section 125 of Cr.PC a man who is fulfilling his marriage duties irrespective of the act of marriage is to pay maintenance. The court upheld the decision of JMFC and stated that the petitioner can apply for a fresh application to increase the maintenance amount as it has been 9 years since the order of JMFC.
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Written by- Sanjana Ravichandran