Mutually divorced wife is entitled to get maintenance
PETITIONER:
SMT. VANAMALA
Vs.
RESPONDENT:
SHRI H.M.RANGANATHA BHATTA
DATE OF JUDGMENT27/07/1995
CITATION:
1995 SCC (5) 299 JT 1995 (5) 670
1995 SCALE (4)660
The facts in brief reveal that the appellant married
the respondent some time in 1970 and then gave birth to two
issues from the said wedlock. Unfortunately, her married
life was not smooth and in 1980 divorce by mutual consent,
was obtained under Section 13-B of the Hindu Marriage Act.
While granting divorce by mutual consent, no order in regard
to maintenance or alimony was made. The decree is silent on
that count. Few years later the appellant filed an
application under section 125 of the Code (hereinafter
called 'the Code') seeking maintenace from the respondent.
The learned Magistrate dismissed the application holding
that a divorcee woman was not entitled to maintenance once
it is found that the divorce was by mutual consent. Against
that order the appellant filed a Revision Application to the
Sessions Court. The learned Sessions Judge came to the
