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Maintenance decre creates right to divorce.art14 applicability

(Querist) 15 April 2012 This query is : Resolved 
Very thankful to respected members and the forum.my continuation of my previous question on crpc 125.generally unemployed wives are entitled to maintenance even without fault of husband.but maintenance decre creates the right to divorce for wives.my question is how it is justifiable in the light of article 14 only on the ground of sex?is there any scope of applicability of article 15(3)?
Shonee Kapoor (Expert) 16 April 2012
Though this is an academic query. I would address it.

Maintenance awarded under CrPC 125 means what? That the wife has justifiable reasons to stay away from the husband. Much like JS it can be a ground for divorce if the other party has not mended way enough for wife to resume cohabitation.

Please note that it is the final award after which wife can file divorce after One Year and not interim award.


Shonee Kapoor
Raj Kumar Makkad (Expert) 16 April 2012
There is no relationship of petition filed/decided under section 125 of Criminal Procedure Code with divorce. I am afraid to read that wife can file for decree of divorce on the ground of judgment passed in 125.

These two reliefs are entirely different and have no inter-connection even. When wife has got no legal right to have divorce only on this ground, the question of discrimination do no arise on the basis of sex as asked for.
Deepak Nair (Expert) 16 April 2012
Academic qyerry well answered by Mr.Shonee.
M/s. Y-not legal services (Expert) 16 April 2012
am also adopting our shonee ji's view..

piyush sharma (Expert) 16 April 2012
Dear All,
Kindly clarify my query
Whether staying away of wife is a the ground for divorce when the husband know the whereabout of the wife.
Can a person take divorce of the ground not specifically mentioned in the act.

Piyush sharma
Raj Kumar Makkad (Expert) 17 April 2012
You have again raised an academic query.
Shonee Kapoor (Expert) 18 April 2012
Husband can not take divorce on this ground.

If husband has abandoned, only wife can seek divorce on this ground.

Husband can not be allowed to take advantage of his own wrong.


Shonee Kapoor

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