SHRI DULAN CHANDRA BORA Vs. SMTI. BONALATA BORA

JUDGEMENT

(1.) TWO questions charged with high -voltage socio jural potential are agitated in this case, Who is a "wife"? When is she "unable to maintain herself"? There questions arise in the context of Section 125 Code of Criminal Procedure Though it is for sociologists to decipher the enigma of the social phenomena the growing "awareness" and burgeoning "litigation" in this field should this Court merely reflect on this reality? No, it must face the interpretative crisis at the judicial level.

(2.) IN the Instant case wife's application having been grand husband has petitioned this Court invoking its extra ordinary jurisdiction under Section 482 Code of Criminal Procedure challenging maintainability of the action. The Respondent claimed in her application, that she was married in 1965 at Goalpara to the Petitioner according to Hindu customary rites and articles valued at Rs. 4715/ - were given in dowry besides a plot of and which her mother purchased for the Petitioner and a cash amount of Rs. 2,000/ - which she also gave him for his business. The Petitioner had taken another Wife and through her he had a child, After the second marriage he started ill -treating her compelling her to leave his house, As she was unable to maintain herself she claimed Rs. 500/ - per month from, the Petitioner for her maintenance. She also asserted that the Petitioner's monthly income was between Rs. 1,000/ - and Rs. 1,200/ -. All these allegations. were dented by the Petitioner in his written statement. He also asserted that he was a petty businessman earning not more than Rs. 300/ - per month and further that the Respondent was able to earn her livelihood as she knew knitting and sewing.

(3.) LEARNED Counsel for the Petitioner Mr. P.K. Goswami has very fairly placed before me all relevant decisions on which be could lay his hands on the interpretation of the word "wife" of Section 125 but I may refer first to the explanation appended to Sub -section (1) Section 125. It says that "wife" for the purpose of this Chapter (Chapter IX) "includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried". I may also mention that according to Section 23(1)(a) "If any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself", the Magistrate may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife. Sub -section (4) contemplates that no wife shall be entitled to receive an allowance under Section 125 if she is living in adultery or if without any sufficient reason she refuses to live with her husband, 0r if they are living separately by mutual consent.