In a landmark judgment, the Himachal Pradesh High Court has ruled that allegations of adultery do not disqualify a divorced wife from claiming maintenance from her former husband. The ruling, delivered by Justice Rakesh Kainthla, underscores the legal distinction between the rights of a wife and a divorced woman under Indian law.
Background of the Case
The case, Cr. MMO No. 56 of 2024, involved a petition filed by the husband (the petitioner) against his former wife (the respondent). The petitioner challenged an order dated December 19, 2023, by the Additional Chief Judicial Magistrate, Shimla, which directed him to pay maintenance to his divorced wife. The original interim maintenance order, passed on January 7, 2009, awarded โน1,000 per month to the wife.
Legal Issues Involved
The primary legal issue revolved around the applicability of Section 125(4) of the Criminal Procedure Code (Cr.P.C.), which states that a wife is not entitled to maintenance if she is living in adultery. The petitioner argued that since the divorce was granted on grounds of adultery, cruelty, and desertion, the respondent should not be entitled to maintenance.
Court’s Decision
Justice Kainthla, after hearing arguments from both sides, dismissed the petition. The court held that the provisions of Section 125(4) of Cr.P.C. apply only when the matrimonial relationship subsists and not after a divorce has been granted. The court cited the Supreme Court’s judgment in Rohtash Singh v. Ramendri (2000) and Swapan Kumar Banerjee v. State of W.B. (2020), which clarified that a divorced woman is entitled to maintenance irrespective of allegations of adultery.
Key Observations
Justice Kainthla made several important observations in his judgment:
1. Distinction Between Wife and Divorced Woman: “A woman has two distinct rights for maintenance. As a wife, she is entitled to maintenance unless she suffers from any of the disabilities indicated in Section 125(4). In another capacity, namely, as a divorced woman, she is again entitled to claim maintenance from the person of whom she was once the wife. A woman after divorce becomes destitute. If she cannot maintain herself or remains unmarried, the man who was once her husband continues to be under a statutory duty and obligation to provide maintenance to her.”
2. Applicability of Section 125(4) Cr.P.C.: “The conditions under Section 125(4) Cr.P.C. will apply when the matrimonial relations subsist and not after the divorce. Thus, the plea that a divorced wife is not entitled to maintenance if she is living in adultery is not acceptable.”
3. Execution of Maintenance Order: “The interim order of maintenance was passed despite the decree of divorce. The court is bound to execute the order unless it is varied or vacated.”
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Parties and Representation
– Petitioner: The husband, represented by Advocate Mr. J.R. Poswal
– Respondent: The wife, represented by Advocate Mr. R.S. Jaswal
