S. R. ASHWINI Vs. G. HARISH

JUDGEMENT

(1.) All the three petitions are filed by the wife calling in question the judgment and award passed by the Family Courts in dismissing the petitions filed under Sec. 125 of Cr.P.C. filed by the respective petitioners - wife on the ground that in spite of decree of restitution of conjugal rights is passed against the wife but the wife did not join companionship of the respondent - husband. Therefore, the Family Courts have dismissed the petitions filed for maintenance.

(2.) Though the above said three petitions are ordered under different facts and circumstances but one common fact involved in these cases are that the petitioners were constrained to live separately from the respondents - husband on the ground that the respondents - husband have subjected the petitioners - wife to cruelty and ill-treatment. Therefore, the petitioners are living separately and thus, filed claim petitions praying for maintenance by invoking provisions of Sec. 125 of Cr.P.C. by filing respective petitions. The Family Courts have dismissed the petitions filed under Sec. 125 of Cr.P.C. on the ground that respondents - husband have filed petitions invoking the provision of Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and decree is passed for restitution of conjugal rights. But the petitioners - wife did not join companionship of the respondents - husband. Therefore, on this ground that the wife did not join matrimonial home of the husband, which amounts to voluntary desertion, hence, the Family Court has concluded that the petitioners - wife are not entitled for maintenance. Accordingly, dismissed the petitions.

(3.) Heard the arguments from both sides and perused the records.