Mere passing of a decree for restitution of conjugal rights at the husband’s behest coupled with non-compliance with that decree by wife, held, would not by itself be sufficient to attract aforesaid disqualification under S. 125(4) CrPC,
[Rina Kumari v. Dinesh Kumar Mahto, (2025) 3 SCC 33]
Case comment
Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4) of the Code of Criminal Procedure, 1973, if his wife refuses to abide by the said decree and return to the matrimonial home?
The Supreme Court clarified that maintenance proceedings under Section 125 of the Cr.P.C. are civil in nature despite involving penal consequences for non-compliance. The bench states that such proceedings aim for effective and speedy remedies via Criminal Courts, as they are better equipped for enforcement than civil litigation.
The Court also held that a wife’s valid refusal to comply with a restitution of conjugal rights decree does not bar her from claiming maintenance.
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