Under section 125 of the code of criminal procedure, 1973, a wife does not need to be completely penniless in order to apply for maintenance from her husband. This is according to the ruling rendered by the Hon’ble Supreme Court of India in a landmark decision of chaturbhuj v sita bai.
The evidence deposited in the file must be used to determine if the deserted wife was unable to support herself. If the wife’s personal income is not sufficient, she may file for support under section 125 of the code of criminal procedure. The key question is whether the wife, in her husband’s place, can continue to support herself in the same manner.
chaturbhuj v sita bai Case Facts
- The woman is the defendant in this particular case, and the husband in this case is the applicant. They were married for about forty years, and they were divorced twenty years ago.
- In accordance with section 125 of the code of criminal procedure of 1973, the wife submitted an application. She asked for the compensation of Rs. 10,000 in addition to maintenance under the same.
- The responder further stated that she was unable to support herself because she was unemployed. However, the petitioner was receiving a Rs. 8,000 pension as a retired Agriculture Department employee.
- The appellant contended that the respondent had sold the agricultural land and was living in the house that the husband and wife had built, which they had leased since 1979. The respondent also claimed to be living with one of their sons.
- The respondent, according to the husband, was residing in a home he built, which the wife had leased. She was residing with one of the boys in 1979.
- The husband went on to say that his wife had sold the agricultural land in order that she could support herself on the proceeds from the sale of the land in addition to her rent.
- The High Court and the Revisional Court ordered the husband to give the wife a monthly payment of Rs. 1500.
chaturbhuj v sita bai Issues
- Can the deserted spouse receive support from her husband in accordance with section 125 of the code of criminal procedure (1973) if she is receiving income?
Contentions by the Parties
Petitioner:
- According to the appellant, the respondent has been renting the house that she bought in 1979 and is living with one of their kids.
- The respondent also sold the agricultural land on March 13, 2003, and she is the only one who has kept the sale money.
- The applicant can support herself with the money from the sale proceeds and dwelling rent, according to the appellant.
- Therefore, there is no need for maintenance. The appellant claimed that in addition to receiving Rs 5,700 per month, the tenants also failed to pay their rent on time.
Respondent:
- The respondent contended that the appellant receives around Rs. 8,000 per month, with the same amount derived from house rent.
- In addition, the appellant provides interest-bearing loans to individuals.
- Additionally, the respondent disclosed that the appellant was wed to a different woman.
- The respondent claims RS. 10,000 for the maintenance.
chaturbhuj v sita bai Judgment
- In this particular case, the court ruled in favor of the wife and gave the husband instructions to provide financial support to her so that she could support herself.
- The reason for this was that the wife was experiencing financial troubles and did not have enough income sources.
- The husband, unlike the wife, was financially independent because he received a monthly pension from the government.
- As long as the wife isn’t financially independent, she is entitled to some kind of maintenance from her husband under Indian law.
It is the responsibility of a financially independent man to support his spouse even after their divorce. In the event that the mother has custody of the children, the children should also receive support in addition to the wife. The burden of proof must be proven, but the husband cannot use this as a justification for withholding maintenance.
The husband should also make financial contributions if the wife and kids are living in impoverished conditions. Another scenario is when the wife makes a living, but not enough to support her and the kids. In this instance, the spouse ought to pay maintenance as well.
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