KAVITA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) An application under Section 125 of Cr.P.C. for
grant of maintenance allowance was filed on behalf of Smt.
Kavita and her minor son Master Nikunj against Vijay
Kumar Dhiman, husband of Kavita and father of Master
Nikunj. Vijay Kumar Dhiman contested the application
and filed written statement. PW-1 Smt. Kavita and PW-2
Mithilesh Kumar were examined on behalf of the wife.
DW1 Vijay Kumar Dhiman and DW2 Raj Kumar were
examined on behalf of husband. Documents were also filed
by the rival parties. After considering the pleas and the
evidence thus brought on record, learned Judge, Family
Court, Haridwar partly allowed the application under
Section 125 of Cr.P.C. It was held by the court below, vide
order dated 22.05.2008, that the wife refused to live with
her husband without any sufficient reason. The application
filed on her behalf was, therefore, dismissed. The father
was, however, directed to pay monthly maintenance
allowance of Rs. 1,000/- to his son (applicant no. 2) on the
10th day of every calendar month. Aggrieved against the
same, present criminal revision was preferred by Smt.
(2.) The main plank of dismissing the application
under Section 125 of Cr.P.C. of Smt. Kavita by the court
below was that she refused to live with her husband Vijay
Kumar Dhiman without any sufficient reason.
(3.) It appears on the basis of evidence brought on
record that the applicant-wife was unable to maintain
herself and her husband is having sufficient means. But the
vital question is whether the husband neglected or refused
to maintain his wife? The reply to the aforesaid question
becomes inconsequential if this fact is brought on record
that the wife refused to live with her husband without any
sufficient reason. It will be useful to reproduce sub-Section
(4) of Section 125 of Cr.P.C. for ready reference. The
same reads as under:
"(4) No wife shall be entitled to receive an
allowance for the maintenance or the interim
maintenance and expenses of proceeding, as the case
may be, from her husband under this section if she is
living in adultery, or if, without any sufficient reason,
she refused to live with her husband, or if they are
living separately by mutual consent.";
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