Khushi Gupta
Published on: April 27, 2022 at 18:18 IST
The Allahabad High Court ruled that there is no bar under Section 125 of Criminal Procedure Code for granting Maintenance to a wife even if a Decree of Restitution of marriage is passed against her.
The Bench of Justice Brij Raj Singh stated that it will be very harsh to refuse Maintenance on the Ground that a Decree of Restitution of Conjugal Rights has been passed in the husband’s favour.
In this Case, the couple got married in 2007 and it is alleged that soon after the marriage, the husband’s and in-laws started harassing the wife for dowry.
The wife then filed an Application seeking Maintenance stating that her husband made Rs. 30,000 per month while she had no source of income.
The husband stated that the wife got an abortion in 2007 and a Decree of Restitution of Conjugal has also been given in the husband’s favour. The Court dismissed the wife’s application seeking Maintenance.
But the Court remarked that it would be very harsh to refuse Maintenance to the wife as she is legally wedded to the husband and does not have any source of income.
Therefore, the High Court set aside the Impugned Order and remanded the Case to the Court below and asked to decide if the husband deserted the wife, if the wife earns, if the husband has sufficient income and if the wife is entitled to Maintenance.