Whether A Wife Living Together With Her Husband In His House Entitled To Maintenance U/S 125 CrPC? Delhi High Court Issues Notice

The Delhi High Court has issued notice on a plea raising a question as to whether a wife living together with her husband in a house belonging to him, is entitled to maintenance under Section 125 of CrPC.

Justice Chandra Dhari Singh issued notice on a criminal revision petition filed by the husband, challenging an order dated November 15, 2021 whereby the interim maintenance application filed by his wife under Section 125 CrPC was allowed by the Family Court, allegedly without considering the fact that the wife lives together with him, in her matrimonial home.

It was therefore contended that the wife, for the reason of residing in the same house as that of the husband, was not entitled to any maintenance under Section 125 of CrPC.

Reliance was placed on two judgments, one delivered by the Supreme Court in Bhuwan Mohan Singh vs. Meena & Ors., (2015) 6 SCC 353 and the second delivered by the Delhi High Court in Mala Nidar vs. Sunil Sagar.

According to the petitioner, the Family Court had awarded the interim maintenance to the wife contrary to the said judgments which say that the wife is not entitled to any maintenance in such a scenario.

"…. the intent of section 125 Cr.P.C is clear that it should not be used to provide any Maintenance to those wives/ women who live separately from their husbands at their own will and without any sufficient reason. Thus, sub- clause (4) of section 125 Cr.P.C clearly implies that for a wife to claim Maintenance u/s 125 Cr.P.C, living separately from her husband is a pre-requisite," the plea reads.

The matter will now be heard on 10th February 2022.

Meanwhile, the petitioner-husband has undertaken to pay Rs. 60,000/- to the respondent wife, by January 30, 2022.

Case Title: SH SITARAM v. SMT ANITA

Click Here To Read Order