Whether divorced wife by mutual consent who has not remarried is entitled to get maintenance U/S 125 of CRPC?
In
case
of
Vanamala
(Smt.)
v.
H.M.
Ranganatha
Bhatta2, the provision contained in Section 125 of the
Cr.P.C. came to be considered and their Lordships of
the Supreme Court has held that the divorced wife by
mutual consent who has not remarried is entitled for
maintenance and cannot be debarred by invoking Section
125(4) of the Cr.P.C.
and observed as under:-
“3.........On a plain reading of this Section
it seems fairly clear that the expression
'wife' in the said sub-section does not have
the extended meaning of including a woman who
has been divorced. This is for the obvious
reason that unless there is relationship of
husband and wife there can be no question of a
divorcee woman living in adultery or without
sufficient reason refusing to live with her
husband. After divorce where is the occasion
for the woman to live with her husband?
Similarly there would be no question of the
husband and wife living separately by mutual
consent because after divorce there is no need
for consent to live separately. In the
context, therefore, sub-section (4) of Section
125 does not apply to the case of a woman who
has been divorced or who has obtained a decree
for divorce. In our view, therefore, this
contention is not well founded.”
HIGH COURT OF CHHATTISGARH AT BILASPUR
SINGLE BENCH: HON'BLE SHRI JUSTICE SANJAY K. AGRAWAL.
CRIMINAL REVISION NO. 399/2008
Rishikesh
Singh
Singh
alias
T.R.
VERSUS
Kiran Gautam
(CRIMINAL REVISION UNDER SECTION 19(4) OF THE FAMILY
COURTS ACT, 1984)
(Passed on 05/09/2014)
https://www.lawweb.in/2014/10/whether-divorced-wife-by-mutual-consent.html
