GURMIT KAUR versus SURJIT SINGH @ JEET SINGH

GURMIT KAUR versus SURJIT SINGH @ JEET SINGH

After the termination of marriage by valid divorce agreement, Section 125(4) bar for maintenance due to mutual consent does not apply; the appellant is entitled to maintenance provided she remains unmarried and is unable to maintain herself.

Parties
Appellant: Gurmit Kaur; Respondent: Surjit Singh @ Jeet Singh
Jurisdiction
India
Judgment Date
28 November 1995
Procedural Posture
Criminal Appeal No. 1593 of 1995 / Appeal From Punjab & Haryana High Court Judgment Dated 2.8.91 in Crl. Misc. No. 13582/m of 1990
Outcome
Appeal allowed
Legal Topics
Maintenance, Divorce, Mutual Consent, Section 125 Cr PC
Criminal Law Family Law Maintenance Divorce Mutual Consent Section 125 Cr PC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gurmit Kaur

Appellant

Surjit Singh @ Jeet Singh

Respondent

Procedural Posture

Criminal Appeal No. 1593 of 1995 / Appeal From Punjab & Haryana High Court Judgment Dated 2.8.91 in Crl. Misc. No. 13582/m of 1990

Legal Issues

  1. 1 Is a wife living separately by mutual consent after divorce entitled to maintenance under Section 125 CrPC?
  2. 2 Effect of divorce agreement on entitlement to maintenance after termination of marital status

Ratio Decidendi

After the termination of marriage by valid divorce agreement, Section 125(4) bar for maintenance due to mutual consent does not apply; the appellant is entitled to maintenance provided she remains unmarried and is unable to maintain herself.

Court Disposition

Appeal allowed

Orders

  • Orders of Additional Sessions Judge and High Court regarding maintenance to the appellant set aside.
  • Order of Magistrate granting Rs. 200 per month to appellant and Rs. 150 per month to minor son confirmed.