RAKESH MALHOTRA VS. KRISHNA MALHOTRA
Bench: Justice U.U. Lalit and Vineet Saran
Facts:
The present case arose out of the matrimonial proceeding initiated by Krishna Malhotra seeking divorce from her husband Rakesh Malhotra. A decree for dissolution of marriage was passed by the lower Court and after few years the Respondent-wife was granted permanent alimony under Section 25 of Hindu Marriage Act. The Respondent-wife in the present case filed an application seeking maintenance under Section 125 Code of Criminal Procedure, 1973 which was dismissed by the lower court and was allowed by the High Court revising the dismissal by the lower Court.
Issue:
Whether Petition can be filed by a wife under Section 125 of CrPC when permanent alimony has already been granted under Section 25 of the Hindu Marriage Act?
Judgement:
The Supreme Court observed that a petition filed by a wife under Section 125 of CrPC who was earlier granted permanent alimony under Section 25 of Hindu Marriage Act, cannot be entertained.
