A single-judge Bench of the Patna High Court upheld an order granting maintenance to the wife under Section 125 CrPC. The husband challenged the order in revision. He argued that the wife had deserted him.
The Court held that a plea of desertion cannot defeat a maintenance claim by itself. The husband must first obtain a declaration from a competent matrimonial court. Until then, the wife remains entitled to claim maintenance.
The following paragraphs form the foundation of the Court’s reasoning:
“7. But unless the petitioner is able to get a declaration in his favour in the Matrimonial Case No. 25 of 2020 filed under Section 9 of the Hindu Marriage Act and the opposite party no. 2 fails to justify her desertion, any challenge to the maintenance order is not sustainable.”
“7. It also transpires that the maintenance amount awarded to the opposite party no. 2 is about 25 percent of the net salary of the petitioner which is in tune with the decision of the Hon’ble Supreme Court in the decision of Rajnesh Vs. Neha (2021).”
Citation :
Other Sources :
Index of Maintenance judgements under Sec 125 CrPC is here.
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