No Maintenance, refused to sex

THE HIGH COURT OF MADHYA PRADESH

CRR-966-2010

RAJESH KUMAR TIWARI
Vs
SMT. SEEMA TIWARI

Jabalpur, Dated : 16-11-2017
Shri Priyank Choubey, learned counsel for the applicant.
Shri Amit Dubey, learned counsel for the respondent.

Heard.

This petition has been preferred under section 482 of the Cr.P.C for quashment of the order dated 07/05/2010 passed by the Judicial Magistrate First Class, Narsinghpur in Mis.Criminal Case No. 08/2009 under section 125 of the Cr.P.C directing the applicant to pay Rs.1500/- per month as a maintenance to his wife/respondent.

Having considered the contentions of learned counsel for the parties and on perusal of record, it emerges that against the respondent decree for divorce has been passed and also confirmed by the High Court on the ground of cruelty committed by the respondent with the applicant leaving him with a view of non-allowing the applicant to perform sexual intercourse and deserting him. In the aforesaid circumstance, under section 125 of the Cr.P.C, respondent being wife of the applicant is not entitled to get maintenance as provided in section 125 sub-clause (4) that wife will not be entitled to receive any amount of maintenance in case she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

In the present case, it is also found that respondent was living separately by mutual consent or with a view to disallow applicant to make sexual relationship with her, which cannot be said to be a sufficient reason for living separately with the husband. Hence in view of this Court the impugned order is not sustainable. It amount to be misuse of the process of the court and cause injustice with the applicant. Hence the petition is allowed and the impugned order dated 07/05/2010 is quashed.

READ  Voluntarily incapacitates from earning is not entitled to claim maintenance

A copy of this order be sent to the concerned trial court for information.

Certified copy as per rule.

(J. P. GUPTA)
JUDGE
High Court of Madhya Pradesh

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