SAJEEV KUMAR Vs. P DHANYA

JUDGEMENT

(1.) This revision petition challenges a direction under S.125 CrPC issued by the Family Court to the petitioner to pay maintenance @ Rs.1,500/- and Rs.750/- per mensem respectively to his divorced wife and child.

(2.) The fundamental facts are not disputed. The marriage is admitted. The divorce under Ext. B1 order of the Family Court is also admitted. That divorce was granted on the ground of desertion by the wife is also not disputed. After the divorce, the divorced wife claimed maintenance under S.125 CrPC as she continues to be a deemed wife under Explanation (b) to S.125 CrPC.

(3.) The petitioner attempted to resist the claim for maintenance on various grounds. It was contended that a woman who has suffered an order of divorce on account of contumacious matrimonial conduct on her part which led to the passing of the order of divorce is not entitled to claim maintenance under S.125. It was also contended that in any view of the matter, under S.125(4) CrPC, the claimant / divorced wife is not entitled to claim maintenance. Of course contentions were raised that the claimant wife is not unable to maintain herself and that the petitioner / husband is not having sufficient means. The quantum of maintenance claimed was also dubbed as excessive.