RAJATHI versus C. GANESAN

RAJATHI versus C. GANESAN

The High Court wrongly exercised its jurisdiction under Section 482 CrPC by substituting its own findings for those of the trial court, despite the statutory bar on second revision. The wife's inability to prove second marriage does not negate her entitlement to live separately and maintenance, given husband's cohabitation with another woman.

Parties
Appellant Wife: Raja Thi; Respondent Husband: C. Ganesan
Jurisdiction
India
Judgment Date
22 July 1999
Procedural Posture
Criminal Appeal No. 687 of 1999 / Appeal From Madras High Court Judgment Dated 4.12.97 in Cri. O.p. No. 11292 of 1997
Outcome
Appeal allowed; impugned order set aside.
Legal Topics
Maintenance Under Section 125 Cr PC, Application of Section 482 Cr PC, Proof of 'unable to Maintain Herself', Wife's Entitlement to Live Separately, Second Revision Under Section 397(3) Cr PC
Criminal Law Family Law Maintenance Under Section 125 Cr PC Application of Section 482 Cr PC Proof of 'unable to Maintain Herself' Wife's Entitlement to Live Separately Second Revision Under Section 397(3) Cr PC

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Parties

Raja Thi

Appellant Wife

C. Ganesan

Respondent Husband

Procedural Posture

Criminal Appeal No. 687 of 1999 / Appeal From Madras High Court Judgment Dated 4.12.97 in Cri. O.p. No. 11292 of 1997

Legal Issues

  1. 1 Whether wife is entitled to maintenance if husband lives with another woman but second marriage is not proved
  2. 2 Whether wife must plead duration of living separately to claim maintenance
  3. 3 Interpretation of 'unable to maintain herself' under Section 125(1)(a) CrPC

Ratio Decidendi

The High Court wrongly exercised its jurisdiction under Section 482 CrPC by substituting its own findings for those of the trial court, despite the statutory bar on second revision. The wife's inability to prove second marriage does not negate her entitlement to live separately and maintenance, given husband's cohabitation with another woman.

Court Disposition

Appeal allowed; impugned order set aside.

Orders

  • Impugned order dated December 4, 1997 of the Madras High Court set aside.
  • Maintenance order in favour of the wife restored.