TITLE – xxx v zzz
Decided On – 13.10.2023
2023:HHC:12203
CORAM: Hon’ble Justice Sushil kukreja
INTRODUCTION-
The petitioner filed the current petition under Section 19(4) of the Family Courts Act of 1984 in response to an order dated 11.01.2023, which denied an application for the grant of interim maintenance made pursuant to the second proviso of Section 125(1) of the Criminal Procedure Code. The petitioner requests that the order be overturned and that the application made pursuant to that section be granted.
FACTS OF THE CASE
Petition for maintenance filed with the learned Court below under Section 125 of the Criminal Procedure Code. According to the petitioner, she legally wed the respondent on October 29, 2019, and a few days later, the respondent began to harass her. Additionally, the respondent began accusing the petitioner of adultery, leading to her forced removal from her marital home on October 18, 2020. However, the respondent had not made any arrangements for the petitioner’s maintenance. According to the petitioner, the respondent (the petitioner’s husband) is employed as a patwari and has no other obligations, but the respondent refused to support the petitioner. The petitioner’s claim was refuted by the respondent in a reply to the application. According to the respondent, the petitioner is qualified and has sufficient income to support herself. Additionally, the petitioner herself abandoned the respondent, and she engaged in adulterous behaviour and maintained an illicit relationship with someone. The respondent disagreed with the allegations made in the request for temporary maintenance and finally prayed that it be rejected.
COURT ANALYSIS AND DECISION
According to the record, the learned Trial Court dismissed the petitioner’s application under Section 125(1)(d) of the Cr.P.C. on the grounds that she is living in adultery and has a history of extramarital affairs. The petitioner was also well qualified, holding M.A. and M.B.A. degrees in addition to a certificate in computer science, and as such, she is fully capable of supporting herself and earning a respectable living. The answer to the question of whether the petitioner is engaging in adultery or not can only be determined following the presentation of evidence by both parties. At this point, it is not possible to draw the conclusion that the petitioner is engaging in adultery with another person solely on the basis of whatsapp chats. Given the facts and circumstances of the current case, the learned Trial Court erred greatly in dismissing the petitioner’s application for interim maintenance under Section 125(1)(d) of the Cr.P.C. As a result, the aforementioned application is remanded back to the learned Trial Court for decision once more in accordance with the law, after providing both parties with a reasonable opportunity to be heard.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Steffi Desousa
