SUSHIL KUMAR Vs. NEELAM

JUDGEMENT

(1.) The petitioner, who is former husband of the respondent, has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') challenging the order dated 8-2-2000 passed by the Judicial Magistrate 1st Class, Chandigarh (Annexure P-1) granting an amount of Rs. 200/- per month as interim maintenance, on an application filed by his divorcee wife; and the order dated 30-8-2001 (Annexure P-2) passed by the learned Additional Sessions Judge, Chandigarh, confirming the aforesaid order.

(2.) The sole question involved in this petition is, whether a former wife is entitled for maintenance under Section 125 of the Code when the marriage between the parties was dissolved by decree of consent divorce, and at that time it was agreed between the parties that the respondent wife will not claim maintenance in future.

(3.) In this case, the marriage between the parties was solemnised on 11-10-1993. Two issues were born out of the said wedlock. Subsequently, relations between the parties became strained and ultimately on their joint application under Section 13-B of the Hindu Marriage Act, a decree of divorce by mutual consent was passed by the learned District Judge on 23-11-1995. In their joint petition for divorce, there was an averment that the respondent-wife would not claim any maintenance from the petitioner-husband at any time or in future under any provisions of law. In her statement before the Court, the respondent wife also stated that she would not claim any maintenance from the petitioner in future. Admittedly, after the mutual divorce, the respondent-wife has not remarried. She is living alone. However, the husband has contracted the second marriage.