* Can a Hindu husband remarry, if wife does not respond for several years to husband's calls for cohabitation?
* Is he liable to pay maintenance to wife U/S 125 of Criminal Procedure Code?
STATUTE
1. Section 125 (3) of Criminal Procedure Code.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is a just ground for so doing.
Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
CASE NO.: Appeal (crl.) 179 of 2008
CASE NO.: Appeal (crl.) 126 of 2008
PETITIONER: Ahilyabai
RESPONDENT: Meharwan Singh
DATE OF JUDGMENT: 15/01/2008
BENCH: S.B. SINHA & V.S.SIRPURKAR
Judgement: somewhat in favour of wife.
To see the full text of this judgement, please visit: http://www.judis.nic.in/supremecourt/chejudis.asp.
BRIEF OUTLINE OF EVENTS/FACTS
* 1978-79: Married.
* 1982: Gauna ceremony.
* Husband wrote three letters calling upon the wife to join her matrimonial home.
* 1997: Husband remarried on the plea that wife didn't join her marrital home.
* 2002: Wife sought maintenance u/s 125 of Cr. P.C.
* Magistrate of the trial court ordered payment to the wife of a maintenance of Rs. 1,000 p.m.,
* Revisional Court didn't allow the maintenance.
* High Court refused to intervene.
* Supreme Court restored the order made by the Magistrate; (i.e. allowed the maintenance of Rs. 1,000/-.)
IMPORTANT
Judgements of different courts vary, depending on the circumstances of each case. Case law precedents will, therefore, only be indicative of how things are likely to be where similar facts/events recur.
SOME OBSERVATIONS
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BLOGGER'S VIEWS
*The Supreme Court has relied on the provisions of Sec. 125(3).
*I also feel that husband's contracting a second marriage is adequate for attracting the provisions of Sec. 125(3).
CASES OF RELEVANCE
Kamlabai Vs.Gajanand 1984 MPWN 170.
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