CrPC 125 : If Husbands Wins Sec 9 (RCR) then Wife is not entitle for Maintenance in CrPC 125!

Satish vs Smt Yoglata & Anr

Rajasthan HC

22/10/2008

S.B.CRIMINAL MISC. PETITION No. 1347/2008

About/from the judgment:

CrPC 125 : If Husbands Wins Sec 9 (RCR) then Wife is not entitle for Maintenance in CrPC 125!

 

The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. What could possibly be a just ground for a wife to refuse to live with her husband would ordinarily also provide an answer to the suit for restitution of conjugal rights. Where a civil court, after considering the plea raised by the wife as against demand of the husband for restoring to him his conjugal rights, comes to the conclusion that the wife must render society to her husband as is expected by law then the provisions contained in sub-sections (4) and (5) of Section 125 Cr.P.C. come into operation and the order of maintenance to the wife is liable to be cancelled because a final determination of a civil right by a civil court must prevail. I am supported not only by a judgment of a Division Bench of Punjab and Haryana High Court reported in 1981 Punjab Law Reporter 219 and a S.B. Judgment reported in AIR 1949 Calcutta 87 but also by a judgment of the Rajasthan High Court reported in 1975 Criminal Law Journal 137 (Raj.).

Read the Judgment

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