The Supreme Court held that a restitution of conjugal rights decree does not absolve a husband from paying maintenance under Section 125 of the Code of Criminal Procedure (CrPC), if the wife has valid reasons to live separately.
Rina Kumari married Dinesh Kumar Mahto in 2014 but left in 2015, citing cruelty, dowry demands and lack of basic amenities. In 2018, Dinesh secured a restitution decree. Rina later filed a dowry harassment case and sought maintenance, which the Dhanbad Family Court allowed. But the Jharkhand High Court quashed the maintenance order, citing Rina’s non-compliance with the restitution decree.
The Supreme Court reversed the High Court’s ruling and restored the Family Court’s maintenance order.
Rina Kumari @ Rina Devi @ Reena v Dinesh Kumar Mahto @ Dinesh Kumar Mahato
10 January 2025
Citation: 2025 INSC 55 | 2025 SCO.LR 1(2)[9]
Bench: Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar
Case Comment
The Court held that a restitution decree alone cannot disqualify a wife from claiming maintenance. It emphasized that maintenance laws aim to prevent vagrancy and provide financial security to wives and children, aligning with principles of social justice. The judgment clarified that non-compliance with a restitution decree must be examined in the context of the wife’s reasons for refusal. Factors like mental cruelty, financial neglect, or other legitimate grievances must be considered before denying maintenance. Supreme Court Restores Wife’s Right to Maintenance Despite Decree for Restitution of Conjugal Rights. Held, Wife’s dignity and justified refusal outweigh procedural compliance under Section 125(4) Cr.P.C.
Key words/phrases: Section 125 CrPC and maintenance rights—women’s rights to financial support—restitution of conjugal rights not absolute—judicial protection against marital cruelty
Read the Judgement here.
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