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Munirathnam (Scientist)     08 July 2010

Can 498A win be used to stop maintenance to wife in CrPC-125

Dear All,

 

Wife filed CrPC-125 saying husband is cruel towards her, wife is living seperately from husband and seeking for maintenacne. Whereas husband asked wife to join him while CrPC-125 interim application argument is submitted. Whereas court granted interim maintenance to wife.

 

Now, husband aquitted in 498A case due to lack of evidence.

 

Can husband say to the family court in CrPC-125 case that due to lack of evidence 498A case is closed and for wife no reason to live seperately from husbnd, hence as per CrPC-125[4] wife is not eligible for maintenance.

 

Will family court will give relief to husband considerign the 498A aquittal?



 29 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 July 2010

No,  an acquittal in 498A case cannot be a ground to deny maintainance. However, it can be used while showing that she is living away by her own free will and not because of cruelty. So, she is not entitled for maintainance.

Munirathnam (Scientist)     08 July 2010

Dear Archana,

I am bit confused and could not understand your reply. Because, aquittal from 498A is not ground to deny maintenance to wife. Whereas as at the end of your reply mentioned that wife is not entitled for maintenance if wife is living seperately from husand on her will.

Could you explin me bit more....

Adv Archana Deshmukh (Practicing Advocate)     08 July 2010

Don't get confused, understand this again...

A wife who is living seperate out of her choice without any justificable reason is not entitled to get maintainance.
If the wife is living seperate, she should have justifying reasons to do so and if she has justifying reasons, the husband is legally bound to provide her maintainance.

When the wife is compelled to live  away from her matrimonial home because of cruelty by husband and is unable to maintain herself is entitled to get maintainance.

The case u/s. 498A is different, the standard of proof required to prove cruelty in this case is much higher and the accused may get acquitted even on benefit of doubt. So, acquittal u/s.498A though is a positive fact for the husband, the same won't ensure that the case u/s.125 shall be dismissed. The case u/s.125 is a summary trial and a woman is granted maintainance if she can reasonabley show that the husband have illtreated her so she is living away and is neglecting to maintain her and she is unable to maintain herself.

1 Like

(Guest)

Hi Muniratnam,


If a wife files 498a on his husband and she is not able to prove the husband's crueality then she is not able to get maintainance.go to google and paste this link you will find the judgement.Hire a lawyer and give him this copy of judgement by Justice V R Kingaonkar of the Bombay High Court.


Just go to google and copy this judgement link 

 

www.498a.org/.../judgements/HC_Bombay_Maintenance_2008_

CRREVN22602.pdf

 


 

There is no need to pay maintainance to BUSINESS MINDED WOMEN INDIA who file FALSE CASES in INNOCENT HUSBAND.

 

 

Regards,

 

Srinivas

 

Munirathnam (Scientist)     09 July 2010

@ Archana,

 

As per Hon'ble Supreme Court of India, cruelty to wife should be such that she can not live with the husband in matrimonial home. Then only it could be understand that wife is subjected to cruelty. You are right that if wife is not willing to live with husband then prima face cruelty happened, but it is not proved in ocurt of law hence court aquitted the husband. Now wife has no reason to live away from husband.

 

If really husband is cruel such that wife can not live with husband, wife should have opted for Divorce, normally it wont happen, because wife feels that it may bring negative to wife.

 

@Mallik,

 

I agree with you dear Mallik that if wife fails to prove cruelty then she is not entitiled to get maintenance on two reasons:

 

  1. Cruelty is not proved (in 498A, so in CrPC-125 also it can not be ) hence wife has no reason to live away from husband. This also say that wife is approaching the court with unclean hands.
  2. It is wife who is deserted husband without reason (justifiable) hence wife is not entitled to get maintenance U/s 124[4] of CrPC.

 

Also in CrPC-125

  1. wife should prove husband cruelty then only wife is entitled to get maintenance. Else she is not. The burden of roof is lies on wife completely and she has to prove that her reason are justifiable and meets requirements of section 125[4] of CrPC.
  2. In addition to cuelty wife should prove that husband has sufficient means to pay maintenacne to wife, the requirement of section 125[1] of CrPC.
  3. Wife should prove that wife is not capable to maintain herself, the requirements of section 125[1][a] of CrPC.

 

I request experts to comment on the analysis.

Arup (UNEMPLOYED)     11 July 2010

ms archana is right.

components of ipc 498a and crpc 125 are diffrent.

however you are also right. submit your judgement order and logic as placed here, at the court of 125.


(Guest)

Ms. Archana-Advocate,

Your reply is really very good.

Adv Archana Deshmukh (Practicing Advocate)     11 July 2010

Thank you sir :-) 

Munirathnam (Scientist)     13 July 2010

Dear Archana Madam,

 

After wife loosing the 498A case also if she lives separately from husband while husabnd is inviting her to come and join him.... what reason that wife can give to the court to justify reason to live seperately from husband. Definitely she can not say that husband is cruel being court already said no cruelty proved.

 

If this wife continues to live seperately from husband then what is the condition of husaband...he should continue to live as bachelor for rest of life.

Parth Chandra (none)     13 July 2010

Munirathnam is right....Apart from stop on maintenance....Is it not a ground for divorce?

Munirathnam (Scientist)     14 July 2010

Hi PC, In the above circumstances only my version is correct that 498A dischareg can be used to deny maintenance to wife if wife say in CrPC-125 that due to husband cruelty she is living away from husband hence need maintenance. If wife say husband neglected to maintain (CrPC-125[1][a]) her then CrPC-125 will cotinue on this. Here 498A discharge or aquittal have no use being the grounds in CrPC-125 filing has many along with cruelty grounds.

Munirathnam (Scientist)     14 July 2010

Hi PC,

 

 

In the above circumstances only my version is correct that 498A discharge can be used to deny maintenance to wife if wife only say in CrPC-125 that due to husband cruelty she is living away from husband hence need maintenance.

 

 

If wife say husband neglected to maintain (CrPC-125[1][a]) her then CrPC-125 will cotinue on this. Here 498A discharge or aquittal have no use being the grounds in CrPC-125 filing has many along with cruelty grounds.

 

Parth Chandra (none)     14 July 2010

Munirathnam,

I got your point.....but if wife says that she left house due to cruelty and hence need maintenance while filing CRPC 125...and once you use 498a discharge/aquittal and try to stop maintenance and tell the court that don't intend to neglect her and want to take her back...then?

Moreover in above scenario, later on how can wife tell that I have neglected her once she already said that she left home due to cruelty and not due to any kind of neglegence.

Adv Archana Deshmukh (Practicing Advocate)     14 July 2010

One thing needs to be understood is that, the court shall not draw the conclusion that as there is a judgement of acquittal in s.498a case, that means there is no illtreatement to the wife or there are no justifying reasons for the wife to live away form the husband. How much the judgement of acquittal would be useful depends upon the facts and circumstances of every individual case and also how properly it is used during the trial. If the wife reasonably shows illtreatement to her at the house of her husband and satisfies that she is unable to maintain herself, then the court awards her maintainance. If the husband wants the wife to come back, then file an RCR.

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