SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]

The Supreme Court will examine the issue whether a husband who has obtained a decree of restitution of conjugal rights is still liable to maintain his wife who filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure. There are conflicting rulings by High Courts on the issue of maintainability of Section 125 CrPC petition when there is a decree of restitution of conjugal rights in favour of husband. It was held thus: The wife against whom a decree of restitution of conjugal rights has been passed by the Civil Court, shall not be entitled to claim allowance under Section 125 of the Code of Criminal Procedure if in the proceedings of restitution of conjugal rights before the Civil Court, a specific issue has been framed that whether without sufficient reason, the wife refuses to live with the husband, and the parties have been given an opportunity to lead evidence and thereafter specific findings are recorded by the Civil Court on this issue; But in case the husband has got an ex-parte decree of restitution of conjugal rights from the Civil Court, such decree shall not be binding on the Criminal Court in exercise of its jurisdiction under Section 125 of the Code of Criminal Procedure; In case the decree for restitution of conjugal rights has been obtained by the husband subsequent to the order for maintenance passed by the Magistrate under Section 125, Criminal Procedure Code then the decree ipso facto, shall not disentitle the wife to her right of maintenance and in that case, the husband will have to approach the Court of the Magistrate under Sub- section of Section 125 of the Code of Criminal Procedure for cancelling the order granting maintenance under Section 125, Criminal Procedure Code The wife against whom decree of restitution of conjugal rights in the manner indicated in our first conclusion has been passed, will get the right to claim maintenance from the husband with effect from the date when she is granted divorce and she will continue getting this maintenance till she re-marries. The Andhra Pradesh High Court, in Maddina Subbamma v. Maddina Venkateswarlu, 1993 SLJ 92, held that a decree for restitution of conjugal rights is not an absolute bar to the consideration of a petition under Section 125 of the Criminal Procedure Code.