The Supreme Court in a recent ruling, decided that if a wife refuses to abide by a decree of restitution of conjugal rights under the Hindu Marriage Act, 1955, for a just cause, it shall not disqualify her from maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
The Supreme Court Bench of CJI Sanjiv Khanna and Justice Sanjay Kumar, were deciding the question: “Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4) of the Code of Criminal Procedure, 1973, if his wife refuses to abide by the said decree and return to the matrimonial home?”
Justice Sanjay Kumar, observed that a wife would not be held disqualified from her right to claim maintenance under Section 125 of the CrPC, if she refuses to comply by the decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, on the basis of a just cause.
What is the case?
- The husband, who completely neglected the appellant after she suffered from a miscarriage and mistreatment at their matrimonial home, hence providing the wife with sufficient reason to not return to their matrimonial home.
- It was further observed by the Court, that the husband cannot ignore his responsibility to provide maintenance to his wife, even in case the wife has refused to comply by the decree of restitution of conjugal rights.
- The Court observed that the husband Dinesh, who tried to protect himself from the claim of maintenance from his wife Reena, by taking the disobedience of the RCR decree by her as a defence. He planned to use this defence till their divorce. This situation itself explains his intention to reject his responsibility towards his wife and his lack of good faith.
- The Court observed that, given the above circumstances, the refusal of the wife to abide by the decree of RCR cannot be held against her, rendering the judgement by the Jharkhand High Court to deny her maintenance as a grave error, and should be allowed maintenance under Section 125(4) of the CrPC.
Decision of the Court.
- The Wife’s appeal against the judgement of the Jharkhand High Court was upheld by the Supreme Court. The judgement of the High Court overturned the order of the Family Court, where the husband was directed to pay an amount of Rs. 10,000 per month to the wife.
- It was emphasised by the Apex Court, that the decree for restitution of conjugal rights does nor render the husband free from his responsibility towards his wife. The decree of RCR, though an important factor, would not automatically be considered as a deciding factor in deciding wife’s eligibility for maintenance.
- The Court held that the reasons for wife’s separation should be evaluated independently when deciding the maintenance petition.
- It was explained by the Court that Section 125 is a social justice provision which was introduced to prevent destitution and vagrancy. The provision shall be applied irrespective of the ongoing marital disputes, or if divorce has been finalised and ex-wife applies for maintenance at a later date under certain circumstances.
- Based on the judgement of the Court in the case of Kirtikant D. Vadodaria vs. State of Gujarat (1996) and Amrita Singh vs. Ratan Singh (2018), the Bench held that “the mere passing of a decree for restitution of conjugal rights at the husband's behest and non-compliance therewith by the wife would not, by itself, be sufficient to attract the disqualification under Section 125(4) CrPC.”
- The Court further added that the maintenance case shall be decided based on individual cases, their facts, evidences etc., as to if the wife has a valid reason to refuse live with her husband, in spite of the decree of RCR, thus there can be hard and fast rule for the same.
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