Section 125 CrPC Does Not Contemplate Proof Regarding Sufficient Cause For Living Separately: Karnataka High Court

The Karnataka High Court, Dharwad Bench, held that maintenance proceedings under Section 125 of the Criminal Procedure Code (CrPC) does not require the spouses to provide proof regarding justifiable cause for living separately. The Court emphasized that the only requirement under this provision is for the wife to show that the husband refused or neglected to provide maintenance.

Justice C.M. Poonacha observed, “It is clear from a clean reading of Section 125 of Cr.P.C., that the proceedings are summary in nature and it is sufficient if negligence or refusal on the part of the husband in providing maintenance to the wife is demonstrated. The proceedings do not contemplate the proof regarding sufficient cause for living separately”.

Advocate V. G. Bhat appeared on behalf of the Petitioner. 

The Petitioner and the Respondent were married and the Petitioner filed a petition under Section 125 of the Criminal Procedure Code (CrPC) to claim maintenance. However, the Family Court rejected the Petitioner's claim due to insufficient evidence against the husband regarding refusal/neglect to provide maintenance. The Petitioner, therefore, filed a petition before the High Court challenging the order of the Family Court.

The Court placed reliance on Supreme Court Judgement in the cases of Dwarika Prasad Satpathy Vs. Bidyut Prava Dixit [(1999) 7 SCC 675] and Rajanesh Vs. Neha and another [(2021) 2 SCC 324]. The Court observed that the Family Court was not required to document the reasons for the wife to live separately from her husband. The Court noted that the intent behind Section 125 CrPC is to provide a summary remedy for providing maintenance to a wife, children and parents and not to ascertain the rights and obligations of the parties. 

The Court noted, “An order passed in an application under Section 125 of Cr.P.C. does not finally determine the rights and obligations of the parties and the said section is enacted with a view to provide a summary remedy for providing maintenance to a wife, children and parents”.

The Court held that the findings recorded by the Family Court that the wife was living apart from her husband without sufficient cause were incorrect and required intervention.

“Having regard to the same, there is no requirement for the Court to record a finding as to the sufficiency of cause for the wife to live separately from the husband. The said aspects would be subject matter of consideration in proceedings initiated under the relevant statutes where the validity/status of the parties in the matrimonial relationship are sought to be adjudicated. In view of the same, the finding recorded by the family Court that the wife is staying separately from the husband without any sufficient cause is erroneous, is liable to be interfered with”, the Court asserted. 

Accordingly, the Court allowed the Petition, set aside the impugned order of the Family Court and directed the Petitioner to appear before the Family Court on August 16.  

Cause Title: Smt. Renuka v ​​Sri Venkatesh (2023:KHC-D:7938)

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