ROHTASH SINGH versus SMT. RAMENDRI AND ORS.

Section 125(4) Cr.P.C. presupposes the existence of matrimonial relations and applies only when marriage subsists; after divorce, Explanation (b) to Section 125(1) entitles a divorced wife who has not remarried and cannot maintain herself to claim maintenance from her ex-husband. However, maintenance cannot be awarded for any period before the decree of dissolution.

Parties: Petitioner: Rohtash Singh; Respondent: Smt. Ramendri; Respondents: Others
Jurisdiction: India
Judgment Date: 02 March 2000
Procedural Posture: Special Leave Petition (crl.) No. 2763 of 1999 / Supreme Court Decision on SLP After High Court Revision
Outcome: Petition dismissed
Legal Topics: Maintenance, Divorce, Desertion

Criminal Law Family Law Maintenance Divorce Desertion

Case Brief

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Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Rohtash Singh

Petitioner

Smt. Ramendri

Respondent

Others

Respondents

Procedural Posture

Special Leave Petition (crl.) No. 2763 of 1999 / Supreme Court Decision on SLP After High Court Revision

Legal Issues

1 Whether a divorced wife is entitled to maintenance under Section 125 Cr.P.C. after a decree of divorce obtained on ground of desertion by husband
2 Whether Section 125(4) Cr.P.C. bars maintenance to the wife in these circumstances

Ratio Decidendi

Court Disposition

Petition dismissed

Orders

Maintenance allowed to respondent-wife only for period after decree of divorce; not for any period prior to passing of decree under Section 13 Hindu Marriage Act