RAGHBIR SINGH Vs. KRISHNA

JUDGEMENT

(1.) This is husbands revision petition challenging the order of the Additional Sessions Judge, Hissar, holding that the wife Smt. Krishna respondent herein was entitled to maintenance and directing the trial court to assess the quantum of maintenance which court had earlier dismissed the petition of the wife for maintenance.

(2.) The short question that falls for consideration in this revision petition is as to whether granting to a wife the maintenance from her husband is dependent upon the fact as to whether the offer of husband to keep the wife is genuine or not. Relevant provisions of Section 125 are in the following terms: 125. Order for maintenance of wives, children and parents. (1) if any person having sufficient means neglects or refused to maintain (a) His wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself or (c) his legitimate or illegitimate child not being a married daughter who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal orders such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct; (4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband or if they are living separately by mutual consent.

(3.) The learned Additional Sessions Judge has expressed the view that even if the wife had failed to establish her case that the husband had neglected or refused to maintain her and also further fails to establish that she had sufficient cause to stay away from the husband even when she would be entitled to the grant of maintenance if the court is of the opinion that the offer made by the husband to maintain her is not genuine.