<p>The High Court of Karnataka has said that the interim maintenance was a matter of right to the wife, so long as she remains a legally wedded wife and has been deserted by the husband. The court said this while dismissing a petition filed by a 66-year-old man from Mysuru.</p>.<p>In March 2020, the petitioner, who was then 64, had married a woman, who was 58. After one month, the wife moved a petition seeking divorce. The wife alleged constant torture from the husband and subsequently instituted two proceedings against the petitioner, one seeking divorce and another seeking maintenance.</p>.<p>Though the petition seeking divorce was withdrawn, in the other plea an interim maintenance of Rs 7,000 was awarded. The petitioner challenged this order granting interim maintenance under section 125 (1) of the CrPC.</p>.<p>The petitioner, an LIC agent, claimed that he wanted a companion and hence married a divorcee. He also contended that an interim maintenance was to be paid to a wife who has been neglected and deserted by the husband, but even as on date he is ready and willing to take her back his wife.</p>.<p>The court noted that the petitioner had not placed on record his assets or liabilities. The court further pointed out that the order of the trial court, on an application filed by the wife under section 125 (1) CrPC, cannot be taken exception merely because the husband (petitioner) is ready and willing to take her back.</p>.<p>“If that be so, the petitioner could have preferred a petition for restitution of conjugal rights, which he has not preferred till date. So long as the respondent remains the wife, it is the duty of the petitioner to maintain his wife. Any other interpretation that the learned counsel for the petitioner would seek to render to the provision i e, Section 125 of the CrPC or the order passed by the concerned Court answering the application under Section 125(1) of the CrPC would defeat the object of the provision itself,” the court said.</p>
<p>The High Court of Karnataka has said that the interim maintenance was a matter of right to the wife, so long as she remains a legally wedded wife and has been deserted by the husband. The court said this while dismissing a petition filed by a 66-year-old man from Mysuru.</p>.<p>In March 2020, the petitioner, who was then 64, had married a woman, who was 58. After one month, the wife moved a petition seeking divorce. The wife alleged constant torture from the husband and subsequently instituted two proceedings against the petitioner, one seeking divorce and another seeking maintenance.</p>.<p>Though the petition seeking divorce was withdrawn, in the other plea an interim maintenance of Rs 7,000 was awarded. The petitioner challenged this order granting interim maintenance under section 125 (1) of the CrPC.</p>.<p>The petitioner, an LIC agent, claimed that he wanted a companion and hence married a divorcee. He also contended that an interim maintenance was to be paid to a wife who has been neglected and deserted by the husband, but even as on date he is ready and willing to take her back his wife.</p>.<p>The court noted that the petitioner had not placed on record his assets or liabilities. The court further pointed out that the order of the trial court, on an application filed by the wife under section 125 (1) CrPC, cannot be taken exception merely because the husband (petitioner) is ready and willing to take her back.</p>.<p>“If that be so, the petitioner could have preferred a petition for restitution of conjugal rights, which he has not preferred till date. So long as the respondent remains the wife, it is the duty of the petitioner to maintain his wife. Any other interpretation that the learned counsel for the petitioner would seek to render to the provision i e, Section 125 of the CrPC or the order passed by the concerned Court answering the application under Section 125(1) of the CrPC would defeat the object of the provision itself,” the court said.</p>
