The High Court ruled that there is no bar u.s 125 of CrPC for granting maintenance to a wife even if a decree of restitution of marriage is passed against her.

As per the court, 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 favor.

The Bench made these observations while dealing with a revision plea filed by the wife against the maintenance order passed by Family Court, Sultanpur.

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.

Then in October 2021, her husband deserted her and she started living with her parents.

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.

On the other hand, 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 favor. The court dismissed the wife’s application seeking maintenance.

After hearing the submissions, the Court noted that the wife had knowledge about the restitution of conjugal rights decree but she did not appear before the court and this shows that she does not want to live with her husband.

However, 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.