RINA KUMARI @ RINA DEVI @ REENA versus DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO AND ANOTHER

RINA KUMARI @ RINA DEVI @ REENA versus DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO AND ANOTHER

A decree for restitution of conjugal rights and non-compliance by the wife does not, by itself, automatically attract the disqualification under Section 125(4) CrPC; entitlement to maintenance must be decided on the facts and evidence in the maintenance proceedings, assessing whether the wife had valid and sufficient reasons to refuse to live with the husband. On the facts of this case, cumulative evidence of ill-treatment and husband’s conduct and inaction established sufficient reason, so Section 125(4) did not apply and the Family Court order granting maintenance must be restored.

Parties
Appellant: Rina Kumari @ Rina Devi @ Reena; Respondent: Dinesh Kumar Mahto @ Dinesh Kumar Mahato
Jurisdiction
India
Judgment Date
09 January 2025
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against Judgment Dated 04.08.2023 of the High Court of Jharkhand in CRR No. 440 of 2022
Outcome
Appeal allowed; impugned High Court judgment set aside; Family Court order restored
Legal Topics
Maintenance, Restitution of Conjugal Rights, Section 125(4) Cr PC, Mental Cruelty, Jurisprudence on Judgments in Rem and in Personam
Criminal Procedure Family Law Evidence Law Maintenance Restitution of Conjugal Rights Section 125(4) Cr PC Mental Cruelty Jurisprudence on Judgments in Rem and in Personam

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Parties

Rina Kumari @ Rina Devi @ Reena

Appellant

Dinesh Kumar Mahto @ Dinesh Kumar Mahato

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against Judgment Dated 04.08.2023 of the High Court of Jharkhand in CRR No. 440 of 2022

Legal Issues

  1. 1 Whether a husband who obtains a decree for restitution of conjugal rights is absolved from paying maintenance to his wife under Section 125(4) CrPC when the wife refuses to comply with the decree
  2. 2 Whether findings in a civil decree for restitution bind a Magistrate in maintenance proceedings under Section 125 CrPC and the nature of maintenance proceedings

Ratio Decidendi

A decree for restitution of conjugal rights and non-compliance by the wife does not, by itself, automatically attract the disqualification under Section 125(4) CrPC; entitlement to maintenance must be decided on the facts and evidence in the maintenance proceedings, assessing whether the wife had valid and sufficient reasons to refuse to live with the husband. On the facts of this case, cumulative evidence of ill-treatment and husband’s conduct and inaction established sufficient reason, so Section 125(4) did not apply and the Family Court order granting maintenance must be restored.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; Family Court order restored

Orders

  • Impugned judgment dated 04.08.2023 of the High Court of Jharkhand in CRR No. 440 of 2022 set aside
  • Order dated 15.02.2022 passed by Principal Judge, Family Court, Dhanbad in Original Maintenance Case No. 454 of 2019 restored