SAYGO BAI versus CHUEERU BAJRANGI

SAYGO BAI versus CHUEERU BAJRANGI

In the wake of an admitted second marriage by the husband, the wife's earlier refusal to join him is of no consequence, and she is entitled to maintenance under Section 125 Cr.P.C. The concurrent findings denying maintenance, based solely on a stray admission and ignoring relevant evidence, were perverse and incorrect.

Parties
Appellant: Saygo Bai; Respondent: Chueeru Bajrangi
Jurisdiction
India
Judgment Date
19 November 2010
Procedural Posture
Criminal Appeal / Final Decision (appeal Allowed)
Outcome
Appeal allowed
Legal Topics
Maintenance, Appreciation of Evidence, Second Marriage, Abandonment
Family Law Criminal Procedure Maintenance Appreciation of Evidence Second Marriage Abandonment

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Parties

Saygo Bai

Appellant

Chueeru Bajrangi

Respondent

Procedural Posture

Criminal Appeal / Final Decision (appeal Allowed)

Legal Issues

  1. 1 Whether a wife is entitled to maintenance under Section 125 Cr.P.C. despite her earlier refusal to join the company of her husband after he contracted a second marriage.
  2. 2 Correctness of concurrent findings denying maintenance based on alleged abandonment by wife.

Ratio Decidendi

In the wake of an admitted second marriage by the husband, the wife's earlier refusal to join him is of no consequence, and she is entitled to maintenance under Section 125 Cr.P.C. The concurrent findings denying maintenance, based solely on a stray admission and ignoring relevant evidence, were perverse and incorrect.

Court Disposition

Appeal allowed

Orders

  • The three orders passed by the courts below are set aside.
  • Maintenance at the rate of Rs.1,500/- per month is awarded in favour of the appellant-wife, payable from the date of the application.