NISHANT

No maintenance if wife fails to prove she is staying away from husband on justifiable ground

NISHANT MEHROTRA 26 Jan 2018

No maintenance if wife fails to prove she is staying away from husband on justifiable ground

Orrisa High Court :: in Babuli @ Rajkishore Rana vs Prasanti @ Purnamasi Rana And Anr. :: Application u/s 482 CrPC againt the order passed by the Addl. District and Sessions Judge, Nayagarh in Criminal Revision No. 16 of 2002 wherein he dismissed the revision against the order awarding maintenance u/s 125 CrPC. ::


Held :: No specific instance of mental or physical ill-treatment deposed to by the wife. There is also no evidence to show that the wife apprehends danger to her life if she would live with her husband. Husband issued a notice dated 21.1.1992 through his counsel under Ext. A, asking the wife to join him, but to no effect. Revisional Court committed manifest error in law in awarding maintenance to the wife. If the said order is allowed to be retained it would lead to miscarriage of justice.

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