High Court of Bombay
Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse and Ors.
08.02.2018
Criminal
Once the dispute is adjudicated by Competent Courts, it is not necessary for Petitioner to prove same thing again and again in different proceeding
The Petitioner-husband had filed Hindu Marriage Petition for dissolution of marriage. It was decided on 24th April, 2006 and the divorce is granted. The Petitioner, then filed Misc. Application under Section 125(5) and Section 127 of the Code of Criminal Procedure,1973 (CrPC) for cancellation of the maintenance order on the ground that, divorce decree is passed against the Respondent wife on the ground of adultery and the marriage is dissolved. The learned Judicial Magistrate rejected the application. The Petitioner preferred Criminal Revision Application. The learned Additional Sessions Judge, dismissed the revision and confirmed the order passed by the learned Judicial magistrate. Hence present criminal writ petition.
As per Section 125(4) of CrPC, no Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. Further, according to Section 125(4) of CrPC, on proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the maintenance order.
