SRIKANTH JAMAKHANDI Vs. RENUKA

JUDGEMENT

(1.) Sri Chandrakanth G. Goulay, learned Counsel appearing for the petitioner submits that the petitioner is a divorcee inasmuch as the petition filed by the husband seeking dissolution of the marriage has been granted and that a sum of Rs. 5,000/- per month as interim maintenance is on the higher side. Both the contentions do not appeal to me for the following reasons:

(2.) Facts relevant to the filing of this petition are as follows:--

(3.) I have perused the impugned order. Insofar the contentions of Sri Chandrakanth R. Goulay are concerned it is necessary to look into Section 125 of the Code of Criminal Procedure, Explanation (b) to Section 125(1) would clearly indicate that "wife" includes an woman who has been divorced or has obtained divorce from her husband and has not remarried. Assuming that the respondent-wife's application seeking to set aside the decree of divorce is rejected by the learned Family Court, having regard to the definition of "wife" I am of the view, that the respondent-wife is entitled to maintain an application seeking maintenance.