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The Delhi High Court on Wednesday issued notice on a Criminal Revision Petition that raised the issue as to whether a wife living with her husband in his house is entitled to maintenance under Section 125 of f the Code of Criminal Procedure, 1973 (CrPC).

The bench of Justice Chandra Dhari Singh was dealing with a plea filed by a husband who had prayed for the Family Court's order to be set aside wherein the lower court had awarded  interim maintenance of Rs. 10,000 per month to the wife. 

The husband's counsel had argued that the Court below had passed that order, without considering specific averments made that the wife was residing in the same house where the husband was residing i.e. matrimonial home.

Relying on the judgment of the Supreme Court in Bhuwan Mohan Singh vs. Meena & Ors., (2015), he had contended that as the wife was residing in husband's house and was also enjoying the same lifestyle as him, therefore she was not entitled to any maintenance under Section 125 of Cr.P.C.

He had further averred that "In case where a wife wishes to seek the twin relief of residing in the same household and also seek maintenance, the remedy is not under section 125 Cr.P.C but under Section 12 of the Protection of Women from Domestic Violence Act, 2005."

He had also questioned the sustainability of the Family Court's order arguing that without giving any regard to this fact, the Family Court had granted 1/3rd maintenance to the wife at the interim stage itself, which is actually the final relief to be granted in the maintenance petition.

The High Court has, however, issued notice on a condition that the revisionist husband shall deposit 50% of the arrears of maintenance awarded by the Family Court within 45 days i.e. Rs. 60,000 to be paid to the wife on or before January 30, 2022.

The bench observed that a woman who is illiterate and has no means of support and lives in the same house as her husband would be rendered helpless in such a situation. “She can be abandoned even in the same residence,” the Court said while ordering thus.

The case is scheduled to be heard again on February 10, 2022.

Factual Matrix

In the instant matter, the husband is a retired Delhi Transport Corporation (DTC) bus Assistant Traffic Inspector (ATI) who receives a monthly pension of Rs. 30,042. At the time of his marriage with his present wife on November 10, 2011, he was a widower and the wife was a divorcee.  

According to the husband's plea before the High Court, in December 2020 his wife began seeking more money from him and allegedly threatened him with terrible consequences if he refused. He had alleged that this happened despite the fact that in 2018, he had sent his wife a lump sum amount of Rupees 5,00,000 out of his gratuity amount to fulfill her needs and demands, which she reportedly wasted in a year.

Husband had further alleged that after the said demand last year, his wife then filed a maintenance petition as well as an application for interim maintenance in the amounts of Rs. 60,000 and Rs. 30,000, respectively. He had submitted that by the impugned order of the Family Court, application of the wife seeking interim maintenance had been allowed, and the lower court had awarded the wife interim maintenance of Rs. 10,000 per month. 

Cause Title: Sitaram vs. Anita