Maintenance application of wife can not be rejected on the ground that it is made after delay of nineteen years
2012 CRI.L.J.3743 (GAUHATI HIGH COURT )
(A) Criminal P.C. (2 of 1974), S. 125 Maintenance --Entitlement --Husband contracted second marriage during subsistence of first marriage due to which wife left matrimonial house--After nineteen years of leaving matrimonial home, she filed application for maintenance as she was not able to maintain herself due to old age, ailments and no income--Husband's plea that wife had eloped with another man was discarded as it was based on 'hearsay'--Not claiming maintenance cannot be ground for disentitlement of maintenance to legally married wife. Wife could not be expected to live in matrimonial home as husband was living with lady who had not legal status as wife. Two sons of couple, who were not impleaded as parties, could not be made liable for compensation. Husband's business was being managed by two sons and thus he cannot absolve himself from payment of maintenance to his legally married wife. Wife held entitled to monthly maintenance along with lump sum amount of arrears of maintenance from husband
