Departing husband’s house on cruelty is not desertion, Rajasthan high court grants maintenance

Written by Rhythm Agal

In the case, Richa Dharu v. Hemant Panwar, trial court had denied the maintenance on the ground of divorce between the two parties, but according to the petitioner-wife divorce was ex-parte claimed by the respondent.The petitioner’s lawyer relied on the proviso to Section 125(1) CrPC to argue that the concept of “wife” includes a woman who has been divorced by, or has received a divorce from, her husband and has not remarried.Through the present criminal revision petition, the petitioner-wife has sought an amount of Rs. 30,000/- per month from the date of filing of the application, Rajasthan high court decided that from the date of filing, the petitioner-wife is entitled to maintenance in the amount of Rs.10,000/- per month from the respondent-husband.

Adv. Kan Singh Oad appeared for the petitioner while Adv. Kaushal Gautam with Adv. Kunal Kalla appeared for the respondent.