PADMALOCHAN NATH Vs. PRANATI PANDA

JUDGEMENT

(1.) The short question that falls for consideration in this application under Section 482, Cr.P.C. is whether a wife, whose marriage has been dissolved on the ground of her living in adultery, would not be entitled to maintenance in view of the bar contained in sub-section (4) of section 125 of the Code of Criminal Procedure, 1973 ?

(2.) The said question arises in the following factual background:-

(3.) It transpires that during the pendency of the maintenance proceeding before the learned J.M.F.C., Sambalpur, the present petitioner filed MAT Case No.38 of 2007 before the learned Civil Judge (Senior Division), Sambalpur for dissolution of marriage between the parties, on the ground that the opposite party was living in adultery. The said MAT case was decided on 09.03.2009 ex-parte and decree of dissolution of marriage was passed. During hearing of the maintenance proceeding before the learned J.M.F.C. and also the Criminal Revision before the learned Sessions Judge, Sambalpur, the petitioner raised the contention that decree of dissolution of marriage between the parties having been passed by the competent civil court on the ground that the opposite party was living in adultery, she was entitled to maintenance in view of the provision of sub-section (4) of Section 125, Cr.P.C. It appears that the trial court has rejected the said contention of the petitioner relying on the decision of the Hon'ble apex Court in the case of Rohtash Singh v. Ramendri and others : AIR 2000 SC 952 to the effect that the provision of sub-section (4) of Section 125, Cr.P.C. would be applicable only where the marriage between the parties subsists and where it has come to an end. The contention raised before the revisional court has also been negatived.