Wife can ask maintenance if hubby gets another wife at home: HC

Divorce

A criminal complaint under Section 498A IPC was filed by the wife on December 24, 2009.

The wife claimed that the husband was a drunkard, he beat her up and her in-laws demanded dowry and ill-treated her.

The husband claimed that the wife left the matrimonial home without any cause at all. The evidence was led and the application for maintenance was decided by the family court.

The reason for living would, therefore, have to be seen. Both the parties led evidence of themselves. However, they did not led evidence of any other witness, Justice Dalvi observed.

The wife had deposed as per her application under Section 125 of CrPc and her criminal complaint. The husband argued that both are diametrically different.

Whereas, in the application under Section 125, the wife has stated about the conduct and character of the husband being a drunkard and the violence upon her. In the criminal complaint she has stated about the dowry demand and about ill-treatment of the in-laws.

The High Court, however, felt that the family court judge had well considered the intrinsic evidence led by the husband and wife.

Justice Dalvi noted, "The court has gone through the complaints. The complaints are not so different. Whereas in the application under Section 125 no allegation is made

against the in-laws for demand of dowry, both these facts are mentioned in the criminal complaint for cruelty. All these aspects would have to be considered as a whole at the time of trial which the learned Judge has sought to do."

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