Court:PUNJAB AND HARYANA HIGH COURT
Bench: JUSTICE Ashutosh Mohunta
RAVINDER KUMAR Vs. SMT. SUNITA & ANR. On 21 May 2002
Sections 125(4), 482 — Maintenance : Adultery : Wife Living in Adultery not Entitled to Receive any Allowance from her Husband : Order Passed by Judicial Magistrate, 1st Class Quashed.
This is a petition under Section 482, Code of Criminal Procedure, for quashing the application under Section 125, Code of Criminal Procedure, filed by respondent No. 1, pending in the Court of Judicial Magistrate, 1st Class, Amritsar.
2. The marriage between the petitioner and respondent No. 1 was solemnised according to Hindu rites on February 7, 1993 at Amritsar. The parties fell apart and a maintenance of Rs. 200/- per month was fixed by the Trial Court at Amritsar to be paid by the petitioner to respondent No. 1. However, during the pendency of proceedings, it is alleged that respondent No. 1 contracted a second marriage on May 15, 1994 without getting the first marriage dissolved from the competent Court. Further, it is contended that respondent No. 1 has also borne two children out of the second wedlock. The first child was allegedly born on February 19, 1995. Thus, it shows that respondent No. 1 is living in adultery.
3. Mr. T.R. Arora, has argued that as respondent No. 1 is living in adultery, therefore, she is not entitled to receive any maintenance allowance from the petitioner in view of the provisions of Section 125(4), Code of Criminal Procedure. Section 125(4), Cr.P.C., is reproduced as under :
“(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”
4. A perusal of the aforesaid section makes it abundantly clear that if the wife is living in adultery, then she shall not be entitled to receive any allowance from her husband.
5. Neither any reply has been filed nor there is any representation on behalf of the respondent No. 1, despite various opportunities having been granted.
6. In view of the provisions of Section 125(4), Code of Criminal Procedure, I quash the order dated July 8, 1994 passed by the Judicial Magistrate, 1st Class, Amritsar (Annexure P5) and all subsequent proceedings undertaken, pursuant to the filing of the maintenance application.
The petition is allowed.