MARY M P V Vs. VARGHESE

JUDGEMENT

(1.) What is the effect and consequences of a decree for judicial separation under Section 22 of the Indian Divorce Act (for short 'the Act') What impact, does such a decree have on the subsequent claim of a wife for maintenance under Section 125 Cr.P.C. These questions arise for consideration in this RP(FC).

(2.) On basic facts, it appears that there is no dispute. The petitioner and the respondent are spouses. Their marriage took place on 2/9/1979. A child was born in the wed-lock. That child has already attained majority. The spouses started separate residence from 15/7/1980. The husband filed an application for divorce on the ground of cruelty. That was dismissed. Later, he filed an application for decree of judicial separation. That was also rejected. He renewed his prayer for a decree for judicial separation and the same was allowed later by order dated 10/4/96. Decree was granted for judicial separation. But there was a direction that the respondent/husband must pay an amount of Rs. 750/- each per mensem to the wife and their minor daughter. An appeal was preferred and by judgment dated 3.4.97 in M.F.A.No. 697/96 the direction to pay maintenance to the wife was set aside as agreed. But it was observed that "it was agreed between the parties that the disposal of the appeal will not prejudice the right of the respondent/wife to claim maintenance separately under Section 125 Cr.P.C."

(3.) It was thereafter that the present claim for maintenance was filed by the wife. She claimed an amount of Rs. 500/- per mensem as maintenance.