Restituion of conjugal rights (rcr)
pushpakrishna
(Querist) 15 December 2019
This query is : Resolved
A person filed Rcr got the decree about 7 years back and got degree from the honourable court. Since the marriage she hardly lived with 15 days and left her parents. In the mean time she filed 498 ipc and sec.3and 4 of dvc and dismissed in the court.
The person filed diverce on the basis of drsrtion giving the above.
It is posted for arguments.
Is it possible to award the maintenance and alimony with the judgment.
Kindly advice on this with rulings of any
Can a deserted wife can get maintainance or alimony.
Thanq in advance..
K Rajasekharan
(Expert) 15 December 2019
The Supreme Court in September this year ruled that a wife, who has been divorced on the ground of desertion, but unable to maintain herself is entitled to claim maintenance from her ex-husband, even if she is disentitled to maintenance from her husband during the period of separation after desertion.
Raj Kumar Makkad
(Expert) 16 December 2019
In this recent case, the High Court of Delhi has reiterated that once decree of divorce was passed on the ground of desertion by the wife, she would not be entitled to maintenance for any period prior to the passing of the decree of divorce.
Case name: Archita v. Sunil Seth
In the instant case, the Petitioner wife assailed Trial Court’s order, whereby the Court dismissed her application under Section 125 of CrPC on the ground that the petitioner has failed to show that she had sufficient cause for living separately. Here it would be relevant to mention that the respondent husband had obtained decree of divorce on the grounds of cruelty and desertion by the Petitioner wife.
The relevant law involved in the facts of the case is Section 125(4) of CrPC which bars a wife from receiving any maintenance if without any sufficient reason she refuses to live with her husband.
Bench’s Verdict
The High Court of Delhi dismissed the petition in the case and upheld the Trial Court’s order on the basis of following observations made in the case:
In view of the facts and circumstances of the case, the High Court made reference to Supreme Court’s judgment in the case of Rohtash Singh Vs. Ramendri & Ors.[1], wherein the Supreme Court held that a woman has two distinct rights for maintenance. (i) As a wife, she is entitled to maintenance unless she suffers from any of the disabilities indicated in Section 125(4) of CrPC (ii) In another capacity, i.e., as a divorced woman, she is again entitled to claim maintenance from the person of whom she was once the wife. A woman after divorce becomes a destitute and if she cannot maintain herself or remains unmarried, the man who was once her husband continues to be under a statutory duty and obligations to provide maintenance.
Dr J C Vashista
(Expert) 28 December 2019
There are judgments on both sides of the parties.
Recent judgment passed by Supreme Court qua she is entitled for maintenance shall prevail.
T. Kalaiselvan, Advocate
(Expert) 31 December 2019
As rightly advised by experts above, there are judgments on both the sides.
It depends on how strongly you present your argument to deny her the maintenance based on the facts and circumstances.
pushpakrishna
(Querist) 04 January 2020
THANQ VERY much experts your valuable advices.
