Wife Can Claim Maintenance If Husband Makes “Return Impossible”: Court


Delhi High Court stated that spouse can declare upkeep if husband creates circumstances of no return.

New Delhi:

The mere existence of a judicial order asking a spouse to revive the marital relationship together with her husband doesn’t disentitle her from claiming upkeep underneath the legal regulation if he has created such circumstances that she can’t stick with him, the Delhi High Court has stated.

The courtroom noticed that judges ought to be mindful the necessity to give a dignified existence to those that have to be maintained by the individuals certain to take care of them underneath the regulation in addition to the target behind Section 125 Criminal Procedure Code (CrPC) which offers for upkeep to wives in sure circumstances.

The courtroom additionally emphasised that each case regarding upkeep “cannot be painted and penned with the same stroke of a brush and pen” and the courts involved need to be “sensitive and cautious”.

The courtroom’s observations have been made on a petition by a girl towards a trial courtroom order which held that she was not entitled to say upkeep underneath part 125 CrPC in view of a civil courtroom order granting ex-parte decree of restitution of conjugal rights towards her.

Stating that the view of the trial courtroom was “incorrect”, Justice Swarana Kanta Sharma noticed that an ex-parte decree for restitution of conjugal rights isn’t an absolute bar for consideration of granting upkeep underneath the legal regulation and if the courtroom involved is happy with the premise of proof that the spouse had justifiable grounds to avoid the husband, upkeep could be granted.

“The mere presence of a decree of restitution of conjugal rights against the wife does not disentitle her to claim maintenance if the conduct of the husband is such as to ensure that she is unable to obey such a decree or it was the husband who had created such circumstances that she could not stay with him,” the courtroom stated in an order launched earlier this month.

Considering that the plea for upkeep by the petitioner was filed in 2009, the courtroom additionally remarked that the current case “itself tells a story as to how a claim for maintenance became a battle for maintenance as it extended to nine long years before several courts” and highlights “the need for sensitization to dispose of such cases at the earliest”.

The courtroom famous that the petitioner had produced proof earlier than the trial courtroom to contend that she had “every reason to stay away from the husband as there was a risk to her life” and subsequently the trial courtroom ought to have determined the difficulty of upkeep primarily based on that proof however the identical didn’t occur.

“If the evidence on record shows that due to husband’s conduct the wife has not been able to live with him and he has denied to maintain her and the minor children, maintenance cannot be refused to her,” the choose stated.

“The conduct of the husband of cruelty and attributing immorality to his wife and even questioning the paternity of the children born from the wedlock would justify her to live separately and claim maintenance. With this background when this court examines the facts of the present case as to whether she was entitled to maintenance or not, the answer has to be affirmative,” the courtroom acknowledged.

While asking the trial courtroom to think about the matter afresh, the courtroom added: “Judges dealing with such cases should keep in mind the objective behind Section 125 Cr.P.C and the need to give a dignified existence to people who need to be maintained lawfully by the persons bound by law to maintain them expeditiously and with sensitivity”.

“The canvas of every individual’s life portrayed in every case is not similar and therefore every judgement though filed under the same section cannot be painted and penned with the same stroke of a brush and pen. Every case and every life portrayed therein needs to be dealt with according to the circumstances of that case,” the courtroom stated.

(Except for the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)



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