Koppadi Bakta Markandeyulu vs Koppadi Sri Lakshmi on 12 February, 2020
In this decision the High Court held that despite the
order passed in OP. filed by the husband seeking restitution of conjugal
rights, the wife had not joined with him and got a divorce order. As such, she
voluntarily desert the petitioner and refused to live with him, without any
sufficient cause. Such being the factual position, the wife is not entitled for
maintenance, in terms of Section 125(5) Cr.P.C.
Section 125(5) in The Code Of Criminal Procedure, 1973
– “On
proof that any wife in whose favour an order has been made under this section
is living in adultery, or that without sufficient reason she refuses to live
with her husband, or that they are living separately by mutual consent, the
Magistrate shall cancel the order”.
The petitioner is the husband and the respondent is
the wife. Due to a matrimonial dispute between the parties, they got separated.
The respondent filed a petition for maintenance in MC, which was
allowed by the learned Judicial Magistrate, Yanam, directing the petitioner to
pay a sum of Rs.1,000/- per month. She preferred a revision petition in
Crl.MP before the II Additional District Judge, Puducherry and
the said petition was allowed, enhancing the maintenance amount from Rs.1,000/-
to Rs.2,000/- per month. Thereafter, she filed a petition in Cr.MP. in MC. seeking further enhancement of the maintenance amount
to Rs.10,000/- per month. By order dated 02.04.2018, the learned Judicial
Magistrate, Yanam, directed the petitioner to pay a monthly maintenance of
Rs.5,000/- to the respondent. Feeling aggrieved, the petitioner has preferred
this Criminal Revision before this Court.
2. Heard the learned counsel for the petitioner and
perused the materials placed before this Court. There is no representation for
the respondent.
3. The learned counsel for petitioner has submitted
that the petitioner filed OP. for restitution of conjugal rights,
which was allowed vide order dated 21.12.2009. However, the respondent did not
join with the petitioner and she filed OP seeking divorce, which
was allowed vide order dated 19.07.2012. Since the respondent, without any sufficient
reason, refused to live with her husband, she is not entitled for maintenance
as per Section 125(5) Cr.P.C
4. On 08.06.2018, this Court, while admitting this
Criminal Revision, has granted an order of interim stay on condition that the
petitioner shall continue to pay a sum of Rs.2,000/ to the respondent on or
before 5th of every succeeding English calender month.
5. On a careful perusal of the materials available on
record, it is evident that despite the order passed in OP. filed by
the petitioner seeking restitution of conjugal rights, the respondent had not
joined with him and got a divorce order. As such, she voluntarily desert the
petitioner and refused to live with him, without any sufficient cause. Such
being the factual position, the respondent is not entitled for maintenance, in
terms of Section 125(5) Cr.P.C. Hence, this Court is inclined to set aside the
order impugned herein.
6. Accordingly, the High Court held that Criminal Revision stands allowed
by setting aside the order dated 02.04.2018 passed by the Judicial Magistrate,
Yanam.
Note: Filling RCR is a critical decision, using this provision without proper guidance can back fire. Need to analyze the case scenarios and only can be implemented on case to case basis.
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