BENGALURU: A trial court hearing maintenance proceedings under section 125 of the Criminal Procedure Code (CrPC) need not study if a cited cause is sufficient ground for the wife to live separately from her husband, the Karnataka high court has ruled in a recent judgment.
"The said aspects would be subject matter of consideration in proceedings initiated under the relevant statutes where the validity/status of the parties in the matrimonial relationship is sought to be adjudicated," Justice CM Poonacha observed, quashing the order passed by a family court in Dharwad on November 14, 2018.
The petitioner-wife, along with her two minor children, had approached the family court in 2016, seeking maintenance under section 125 of CrPC. She had got married in 2009.
However, the family court rejected her application, holding there is no material on record to demonstrate she was willing to join her husband in the matrimonial home, and that the applicant-wife and children had not placed any material to demonstrate that the husband/ father had wilfully neglected to maintain them.
Challenging the order, the wife and children argued that the finding recorded by the family court is erroneous and contrary to the statutory stipulation provided under section 125. After considering the material on record, Justice Poonacha pointed out that the family court disbelieved the testimony of the father of the applicant-wife regarding the ill-treatment meted out to his daughter in her marital home, terming it hearsay, and recorded a finding that she had voluntarily left the matrimonial home, though there were no serious grounds for doing so.
The judge noted that from a proper reading of section 125 of CrPC, it is clear that the proceedings are summary in nature and it is enough to demonstrate that the husband is negligent or refuses to provide maintenance to the wife.
"The proceedings do not contemplate the proof regarding sufficient cause for living separately. In view of the same, the finding recorded by the family court that the wife is staying separately from the husband without any sufficient cause is erroneous, is liable to be interfered with," the judge has further said, allowing the petition.
The judge directed the petitioners - the wife and two children - to appear before the family court on August 16. After their appearance, the trial court has been told to pass the necessary orders.
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