Pellam Mogudini Vedilesina--Baranam Pay Cheyali: Madras Hc

[SUBBARAVU]

Woman divorced for desertion entitled to alimony: HC

A person is statutorily liable to pay alimony to his divorced wife, who does not remarry, even if he had obtained the divorce on the ground of desertion and her unwillingness to live with him, the Madras High Court Bench here has ruled.

Justice S. Nagamuthu passed the judgment while disposing of a criminal revision petition filed by an astrologer challenging a lower court’s order directing him to pay Rs. 2,000 a month to his former wife whom he had divorced in 2010 on the ground of desertion.

The judge pointed out that Section 125 (4) of the Code of Criminal Procedure states that “no wife shall be entitled to receive an allowance from her husband if she is living in adultery or if without any sufficient reason she refused to live with her husband or if they are living separately by mutual consent.”

Further, the term ‘wife’ had been defined by way of an explanation to Section 125(1) of Cr.P.C. and the provision states that the term includes a woman who had been either divorced by her husband or the one who had obtained a divorce from her husband but had not remarried any other person.

Though a bare reading of the provisions would give an impression that the definition of ‘wife’ includes a divorced woman, the Supreme Court had taken a different view in 2000, holding that maintenance claims made by a wife and a former wife must be treated distinctively.

“A woman after divorce becomes a destitute. If she cannot maintain herself or remains unmarried, the man who was once her husband continues to be under a statutory duty and obligation to provide maintenance to her,” the apex court had said in Rohtash Singh’s case.

Therefore, the present petitioner could not seek immunity from paying alimony to his divorced wife just because a Family Court here had allowed a divorce petition filed by him on the ground of desertion and her unwillingness to live with him, Mr. Justice Nagamuthu said.

 

source:theHindu.com

[micxas]

:( :)

[tom bhayya]

nice

[maximummax]

nice

+1 

 

Indian marriages going to assam

[lazybugger]

inka courts ni serious ga teeskuntunnaraa. dabbulu isiresthe neeku nachina teerpu raaypichu kondi.

 

 

[lazybugger]

+1 

 

Indian marriages going to assam

 

as opposed to?

 

any marriage where people blindly marry (for whatever reason) will go to assam.

[maximummax]

as opposed to?

 

any marriage where people blindly marry (for whatever reason) will go to assam.

anni arranged marriages anthe kada

[lazybugger]

anni arranged marriages anthe kada

 

inka adhi vaalla luck batti or vaalla parents partner meedha chesina deep research, batti untadhi.

[lazybugger]

ayina India lo judgement lu em raasthaaro. judge aadi pani thappa, society ni uddarinchatam lo ne ekkuva interest choopisthaadu.

[Power Star]

 

 

recent ga chuttala chuttala maariage divorse case lo ammayi 20laks teesukuni settle chesukuni US ki masters cheyyadaaniki ochindi

[KharjuraNaidu]

as opposed to?

any marriage where people blindly marry (for whatever reason) will go to assam.

Mari Assam vallu yada potaru

[micxas]

[micxas]

:3D_Smiles:

 

recent ga chuttala chuttala maariage divorse case lo ammayi 20laks teesukuni settle chesukuni US ki masters cheyyadaaniki ochindi

 

[DR.BALI]

why?

[Power Star]

:3D_Smiles:

 

bye1  bye1