No Maintenance u/s Crpc 125 if wife deserts husband

Uttaranchal High Court

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 201 Of 2006

Smt. Archana Gupta & Another .. Revisionists.

Versus

Sri Rajeev Gupta & Another .Respondents

Mr. M.K. Goyal, learned counsel for the revisionists. Mr. Rakesh Thapliyal, learned counsel for respondent no. 1. Mr. S.S. Adhikari, learned A.G.A. for respondent no. 2.

Dated: November 18, 2009

Hon’ble Alok Singh, J.

(By the Court)

Present revision has been filed by the wife under Sections 397/401 Code of Criminal Procedure read with Section 19(4) of Family Courts Act challenging the order dated 05.10.2006 passed by Principal Judge, Family Court, Dehradun refusing to grant maintenance to revisionist no. 1.

Heard Mr. M.K. Goyal, learned counsel for the revisionists, Mr. Rakesh Thapliyal, learned counsel for respondent no. 1 and Mr. S.S. Adhikari, learned A.G.A. for respondent no. 2.

Learned counsel for the revisionists contended that finding of the learned Principal Judge, Family Court, Dehradun on issue no. 1 that wife is living separately without any sufficient cause is perverse.

In nutshell, brief facts of the present case are that wife/revisionist no. 1 preferred an application under Section 125 Cr.P.C. against the respondent no. 1 seeking 2

maintenance for herself and for their minor son, revisionist no. 2. The main grounds of claim mentioned in the application are that husband has developed bad habits like consuming alkahol, gambling and adultery. That husband wanted to dispose of House No. 416, Block-III, Khurbuda Mohalla, Dehradun. That husband has taken loan to meet his bad habits. It is further contended that husband is living separately and is not maintaining the wife and son. In paragraph no. 8 of the application, it is pleaded that wife is working in inter-college, Tanko, Saharanpur temporarily from where she is getting Rs. 2200/- per month.

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Husband filed his written statement before the trial Court and denied the contentions made by the wife in the application. In defence husband has specifically pleaded that wife is under the influence of her father. That under the pressure of wife and her father husband/opposite party had to execute permanent lease of his property in favour of the wife pertaining to property of House No. 416, Block-III, Khurbuda Mohalla, Dehradun. It is further contended that at the time of execution of lease, it was agreed between the parties that from the date of execution of lease wife would start living with the husband and her father would not interfere in the matrimonial affair of the husband and wife. It was further pleaded by the husband that it is the wife who wanted to live separately under the influence of her father. Further case of husband is that she resigned from the service from where she was getting Rs. 3, 000/- per month and joined the service at Saharanpur for Rs. 2200/- per month, under the influence 3

of her father. No prudent man shall leave the service of the higher pay scale and shall join the service of the lower pay scale. It was further contended by the husband that under the influence of her father, wife neglected the husband. The further case is that wife is residing separately without any cause and reason.

Learned Principal Judge, Family Court, Dehradun has framed three issues in the matter.

1. As to whether wife is living separately without any appropriate reasons from the husband.

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2. As to whether the applicant is unable to maintain herself and her son, applicant no. 2.

3. As to whether the applicant is entitled for any maintenance for herself and minor son.

Learned trial Court, while deciding the issue no. 1, has recorded finding of fact that without any sufficient or reasonable cause wife is living separately. Wife has refused to join company of husband despite the fact that husband wanted her to live with him. It was further held by the learned trial court that wife is under the influence of her father and could not prove allegations of bad habits like consumption of alcohol, gambling and adultery against the husband. While deciding the issue nos. 2 and 3, learned trial Court declined to grant any maintenance to the wife on the basis of finding recorded in issue no. 1 and on the ground that wife is employed and getting Rs. 2200/- per month. However, learned trial Court granted Rs. 2000/- per month as maintenance for applicant no. 2, i.e. minor son.

Sub Section 4 of Section 125 Cr.P.C. can be pressed in the present matter, which reads as under: 4

“(4) No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of

proceeding, as the case may be,] from

her husband under this section if 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”.

From the perusal of sub Section 4 of Section 125, if wife refused to live with her husband without any sufficient reason, she would not be entitled to receive any maintenance. Learned trail court has recorded finding of fact that wife is residing separately from her husband without any reasonable cause and reason and refused to live with her husband despite offer by the husband to live together.

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I, myself, carefully perused the statements recorded by learned trial court. I find no perversity in the findings of fact recorded by learned Principal Judge, Family Court, Dehradun of the fact that wife is living separately without any sufficient cause and reason and she refused to live with her husband without any sufficient reason. In view of findings that wife is residing separately from her husband without reasonable cause and reason, her application seeking maintenance was rightly rejected by the learned trial Court.

Wife is entitled for maintenance from the husband under sub Section a (1) of Section 125 Cr.P.C., if she is unable to maintain herself. As per the admission made by the wife in the application under Section 125 CrPC and as per the finding recorded by the learned Principal Judge, 5

Family Court, Dehradun, wife is employed in a school and getting salary of Rs. 2200/- per month. Revisionist/wife nowhere says that out of this amount of Rs. 2200/- she is unable to maintain herself. On this ground also revisionist is not entitled for any maintenance from the husband.

Having perused the record and findings recorded by the Principal Judge, Family Court, Dehradun, I do not find any valid reason to interfere with the findings of fact recorded by the learned trial Court. The impugned judgment is hereby confirmed. Revision is dismissed.

No order as to costs.

(Alok Singh, J.)

18.11.2009

Amit

2 thoughts on “No Maintenance u/s Crpc 125 if wife deserts husband

  1. Kind Attention
    No action taken still now.
    To,
    The Hon’ble incharge of the department. I need your help. Please help me.
    Respected Sir/Madam,
    Sub: Your prompt action shall be highly appreciated and deserves to be lauded. Which can save me and my family members (My old aged father, Mother and my only solitary daughter 5 years)
    Police / Political Leaders / Judicial Magistrate to take bribe I have lots of evidence, I think not taken any action because many Police Officer including IPS Officer, and Many Government employee are lose there service and go to jail. So West Bengal Government not take any action. Am I right?
    Mr. Shankar Kumar Samanta (Kolkata jella committee member CPIM) and his son Mr. Sandip Samanta (DYFI Member) so any body/ you do not take any action?
    A case was filed by me In the court of LD. C.J.M. At Barasat, Date: 13.04.2010 U/S- 156(3) of criminal Procedure code charge U/S: 323, 379, 406, 479, 498, 500, 506 READ WITH 34/120B OF INDIAN PENAL CODE. The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010.
    The I.O. At Baguiati Police Station of the case has already been charge sheeted according the names. The I.O. At Baguiati Police Station accused all miscreants in the charge sheeted but neither took any measures to round up them rather they paved enough (more then 2.5 months) time which make them the way to take bail.
    Anyhow Application under Section 438 CrPC Among the accused person Shankar Kumar Samanta (S.B.I. Officer) and his son Sandip Samanta has been granted bail by the Ho’ble Calcutta High Court.
    But it is painful to state before you the prime accused “Beauty Adhikari” and others accused were shown in the charge seeted “AS ABSCONDING” (P/A and W/A.)
    Please note that the prime accused “Beauty Adhikari” others are large and they are available in there house, each and every time.
    I therefore prey before your kind honored to Make arrangements to arrest the prime accused “Beauty Adhikari” and others as they were shown in the charge sheeted “As prime accused ABSCONDING” (P/A and W/A.)
    Prime accused “Beauty Adhikari” and others are large and they are showing in there house, each and every time. I informed this matter to Sri Rahul Srivastava, IPS Officer. The Superintendent of Police. Barasat. And S.M.H. Meerza, Addl. Superintendent of Police. Barasat. North 24 Parganas. Barasat.
    Your prompt action shall be highly appreciated and deserves to be lauded. Which can save me and my family members (My old aged father, Mother and my only solitary daughter 5 years)
    Details
    100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel’s and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally (Mr. Shankar Kumar Samanta Kill me and my family any time any day).
    We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family (Including Shankar Kumar Samanta (S.B.I. Officer) and his son Sandip Samanta )lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only five years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Ld. court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Mr. Samanta’s Mobile Phone, Mr. Samanta’s SIM Card, Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.), with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 3 years old (Now 5 years) having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic). My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, J.M. 1st Court Sealdah, 1st Floor. Room No: 103, Kolkata-700014. South 24 Parganas. Date 16/12/2009. Mr. Shankar Kumar Samanta purchase Sealdah Court 1st J.M. Mrs. Nita Sarkar. I get only date and date and date (4 to 5 times in a month but she do not any action)…I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.
    After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Mr. Samanta’s Mobile Phone, Mr. Samanta’s SIM Card, Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.
    Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take investigation/ not take any action/not take any type of query nor he did roundup them against my case.
    When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
    As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS, All DGPs/IGPs . Election Commission of India, All Indian Union Minister, UPA Chairperson. Sonia Gandhi, Governor in W.B, and President in India 26th times write ((My Request/Grievance Registration Number is: PRSEC/E/2009/12581, PRSEC/E/2010/01100, PRSEC/E/2010/03797, PRSEC/E/2010/08720, PRSEC/E/2010/06692, PRSEC/E/2010/12464, PRSEC/E/2010/17088, PRSEC/E/2011/00423, PRSEC/E/2011/02405, PRSEC/E/2011/03705, PRSEC/E/2011/04474, PRSEC/E/2011/05314, PRSEC/E/2011/08159, PRSEC/E/2011/09368, PRSEC/E/2011/09369, PRSEC/E/2011/09750, PRSEC/E/2011/10342, ……AND OTHER NUMBER I MISPLACE). P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, The Central Vigilance Commission, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bhatat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I see they all are in sound asleep. The reason is best known to them. I think not taken any action because many Police Officer including IPS Officer, and many Government employee are lose there service and go to jail. So West Bengal Government not take any action. Am I right?
    I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.
    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati. P.O.: Hatiara. Dist.: North24Parganas.
    Kolkata-700059 Email: dipakadhikari59@gmail.com W.B. India. PH. 9874389190

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