TMI Blog1999 (7) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... to her under Section 125 of the Code. 3. Wife presented a petition under Section 125 of the Code on February 3, 1993 claiming from her husband, the respondent, maintenance for herself and her two daughters. The minor son of the parties is living with the husband. In the present appeal we are concerned with the grant of maintenance to the wife. She alleged that her husband having sufficient means neglected or refused to maintain her and that she was unable to maintain herself. In the petition wife had claimed maintenance at the rate of ₹ 500 per month. 4. Learned Judicial Magistrate, by order dated April 24, 1995, granted her maintenance only at the rate of ₹ 200 per month. Husband felt aggrieved and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, (d) his father or mother, unable to maintain himself or herself. A Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in Clause (b) to make such allowance, until she attains her majority, if the Magistrate i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him. (4) 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. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht not to be made. The fact, however, remains in the present case that the husband is living with another woman. Proviso to Sub-section (3) would squarely apply and justify refusal of the wife to live with her husband. There can be, however, other grounds for the wife to refuse to live with her husband, e.g., if she is subjected to cruelty by him. It was a case where the husband neglected or refused to maintain his wife. High Court did not consider the question if husband was having sufficient means. It rather unnecessarily put the burden on the wife to prove that she was unable to maintain herself. The words unable to maintain herself would mean that means available to the deserted wife while she was living with her husband and would not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llfully neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband; (c) if he is suffering from a virulent form of leprosy; (d) if he has any other wife living; (e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere; (f) if he has ceased to be a Hindu by conversion to another religion; and (g) if there is any other cause justifying her living separately. Under Sub-section (3) a Hindu wife is not entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be Hindu by conversion to another religion. It will be apposite to keep th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that there is grave miscarriage of justice or abuse of the process of the courts or the required statutory procedure has not been complied with or there is failure of justice or order passed or sentence imposed by the Magistrate requires correction, it is but the duty of the High Court to have it corrected at the inception lest grave miscarriage of justice would ensue. It is, therefore, to meet the ends of justice or to prevent abuse of the process that the High Court is preserved with inherent power and would be justified, under such circumstances, to exercise the inherent power and in an appropriate case even revisional power under Section 397(1) read with Section 401 of the Code. As stated earlier, it may be exercised sparingly so as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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