Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill.
The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen. Also the wife didn’t appear in HC at all for her own appeal. If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults 
) , of course they can make full use of it! This was how usage of CrPC 125 was intended to be, but after passing of laws like DV Act combined with the so-called ‘women empowerment’ trend, most of the time interim maintenance is granted based merely on allegations and the fact that wife is not staying with husband.
Important parts of judgment:
On the basis of aforesaid letters and admission of the applicant in her cross-examination, learned
trial Court had recorded a finding that she was never ill-treated by her husband or in-laws but she
was unable to adjust herself in her matrimonial home; therefore, she did not want to stay with her
husband and wanted to get rid of him. On the basis of her categorical admission that she had
written a letter to her father stating that she has no complaint against her in-laws but she was
unable to adjust with them; therefore, she wanted to marry somewhere else, learned trial Court
proceed to record the finding that the applicant had left her husband of her own freewill and
accord. It cannot be said that she had to leave her matrimonial home on account of any ill-
treatment, misbehavior or harassment on the part of her husband or in-laws.
On aforesaid grounds, learned trial Court held that the applicant was not entitled to any
maintenance.
Full judgment text below:
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Madhya Pradesh High Court
Smt. Aradhana Tiwari vs Deepak Tiwari on 16 July, 2015
CRR-604-2010
(SMT. ARADHANA TIWARI Vs DEEPAK TIWARI)
16-07-2015
None for the applicant.
Shri S.K.Mishra, counsel for the respondent.
A perusal of the record reveals that no one had appeared on behalf of the applicant to prosecute
this Criminal Revision on two previous dates, namely 06.05.2015 and 29.06.2015.
On last date, the Court had made an observation that if no one appears on next date to argue on
behalf of the applicant, the Revision Petition shall be dismissed for non-prosecution, in view of
the nature of the impugned order.
Even then, no one has appeared before the Court to argue on the matter on behalf of the
applicant. This Criminal Revision is yet to be admitted. In aforesaid circumstances, the Court
shall proceed to decide it on merits without the benefit of arguments advanced on behalf of the
applicant.
This Criminal Revision has been preferred against the order dated 22.01.2010 passed by the
Court of 1 st Additional Principal Judge, Family Court, Jabalpur, in MJC.No.01/2009, whereby
the application for maintenance filed under Section 125 of the Code of Criminal Procedure by
the applicant Aradhana Tiwari was dismissed on the ground that the applicant had failed to prove
that the non-applicant husband had neglected or refused to maintain her and she was staying
away from him without any reasonable and just cause.
It has been observed by learned trial Court that the non- applicant husband had filed letters
exhibit D-1 to D-4, whereby it is evident that the non-applicant husband never misbehaved with
the applicant. It was further observed that the applicant had admitted in her cross- examination
that she used to write letters to her husband that she has no problem in her matrimonial home and
she also admitted that she had written a letter from her matrimonial home to her father
expressing that she is not happy in her matrimonial home and imploring him to take her from
matrimonial home to her parental home and marry her off somewhere else. She also admitted
during the cross-examination that she has spends most of time in her parental home after the
marriage. She has also admitted that she was treated for mental ailments before her marriage and
also after it.
On the basis of aforesaid letters and admission of the applicant in her cross-examination, learned
trial Court had recorded a finding that she was never ill-treated by her husband or in-laws but she
was unable to adjust herself in her matrimonial home; therefore, she did not want to stay with her
husband and wanted to get rid of him. On the basis of her categorical admission that she had
written a letter to her father stating that she has no complaint against her in-laws but she was
unable to adjust with them; therefore, she wanted to marry somewhere else, learned trial Court
proceed to record the finding that the applicant had left her husband of her own freewill and
= Page 1 =
accord. It cannot be said that she had to leave her matrimonial home on account of any ill-
treatment, misbehavior or harassment on the part of her husband or in-laws.
On aforesaid grounds, learned trial Court held that the applicant was not entitled to any
maintenance. On perusal of record, there is no reason to take a different view in the matter; as
such, the impugned order does not suffer from any illegality, irregularity or impropriety
warranting interference by this Court. Consequently, this Criminal Revision deserves to be and is
accordingly dismissed.
(C V SIRPURKAR) JUDGE
= Page 2 =
anil says
May 28, 2017 at 11:08 pmSir my wife has an affair with a guy . Who always stay in her maternal home and also her family supporting that guy because he fullfill her financial problems, the affair has placed before my marrge and all her family members involved in this. One day I seen message in her mobile that seemed to be sent by same person but she refuse to accept the same she told me that I dont know about that mo. No. and her family given that sim to her best girlfriend and she says I have sent but now she says she didn’t send any message and says false because of my friend reputation and now I opose the same and she go back her maternal home and she complained 125 and 498a false allegations against me and my family and I am a student and jobless
They(my wife bf) also threatened me on ph. Call to killed me and abused me
I have recordings clip of abusing language by her bf
Plz help sir
videv says
June 1, 2017 at 6:12 pm>>They(my wife bf) also threatened me on ph. Call to killed me and abused me
In such situation, you should be approaching police, and if they don’t take complaint send to higher police authorities by speed post etc.
Being student/jobless is also an age old trick (but a poor one) to avoid maintenance, so unless you are able to convince the judge that it’s your reality rather than a trick there is risk of maintenance being awarded to wife. Use evidence of boyfriend etc to deny maintenance, but I guess for that you need to go past your own lawyer’s objections.
Jignesh says
May 22, 2016 at 4:48 pmdear sir/mam,
i married in 2012 after one month she left me.My wife live separtely since last 4 years and after 3 years she again file case section 125 crpc and demanding Rs10000 per motnh as a maintanace.she was also accept in court that she was learning Rs.10000 per month.i am working in mobile shope and getting Rs 7000 per month.i am ready to accet her but she is not redy to come back with me.please help me how can i remove or decrease the maintance……….please help………..
videv says
May 22, 2016 at 9:12 pmit’s very difficult to say in one line how to reduce maintenance, if you are serious you can read my book.
Saying ready to accept wife won’t help if she has made DV allegations on you in CrPC 125 complaint. It gives a signal that you have done something wrong, that’s why so eager to accept wife back who has made allegations against you.
Vijay says
March 16, 2017 at 11:18 pmRespected sir,
I am a merchant naval officer, got married last year in jan. Sir no dowry taken, as our family have rs 1 rishta. My wife whn came home clearly projected her requirements that she is not interested in me or my family, but want money and live separately, done marriage because of parents. She went home after 1 week, projected false matters to his family and for this or that reason leave the home and go to live in her home. She went home in may i brought her back, she asked me do u agree on giving me money, i said no thn She called her family and relatives and they took her home. We tried to stop thm, we even closed hands and like begging, as we had very good reputation in society and this will bring bad name. Then some panchayats held were she openly abused my parents and said they work as father clean the floor and mother wash clothes, why they dont have maids and all. Now in feb she had filed crpc 125 and askimg for maintenance of 1 lakhs per month. Sir i paid fees of 80k after marriage so she could complete her education. She in that summon only focused on maintenance, and doing some training or job in delhi. She also mentioned this in that summon. I am earning some 10lakhs per month whn i am onboard ship,sailing.
Plz advice..
Vijay
videv says
March 17, 2017 at 9:40 amYou haven’t mentioned what are your intentions.
Anyway for fighting maintenance case time begging or folding hands whether to wife or to court won’t help. Instead of doing drama if you had collected some proof that she was not interested in marriage, it could have helped. It’s a myth that by asking wife to come back court won’t order any maintenance solely based on that ground.
>>she openly abused my parents and said they work as father clean the floor and mother wash clothes, why they dont have maids and all.
If really you didn’t have any maids, then she is entitled only to a lifestyle without maids, which her own salary etc can also suffice for. But how many people can argue things based on logic in court or manage own lawyer to do it!
Vijay says
March 17, 2017 at 2:27 pmSir thanks for ur kind attention. Sir i am worried how much max maintenance she can have. As my job is contractual. I don’t want to live with her now. Sir wht to do..
Plz advice
videv says
March 20, 2017 at 10:59 pmfight cases based on merits… having contractual job is not a crime, put it into court records. just asking plz plz won’t solve your problems.
abhishek says
March 10, 2016 at 6:51 pmdear sir/mam,
i married in 2009 and my son born at 2010.My wife live separtely since august 2010 and file a domestic violance case against me and my family at 2011 in KKD and I also file a case under sec 9 at 2011.But my wife agrree to came to my house at time withdrawing of section 9 case but she did not withdrwan his domestic violance case and last year she again file case section 125 crpc at agra court.last year KKD court issue interm maintaince 1/3rd of my salary please help me how can i remove or decrease the maintance……….please help………..
videv says
March 10, 2016 at 7:08 pminstead of saying “please help, please help”; it’s about time you take control of situation, better late than never; and stop making new mistakes at least. Like falling for RCR of wife etc. Women who file 498A/DV case etc don’t file RCR to come back, but purely as a tactic to make fool of husband making him believe that she will be back.
Given already high maintenance situation, the starting point can be to read my book, see what you can use to apply for revision/appeal (that procedural part is not covered though), and then you can join our Facebook group also:
http://www.amazon.in/dp/B010IXOM02/ref=nosim?tag=menrigind-cm_mnt-21
nilesh says
December 30, 2015 at 1:49 amSir,
I have taken divorce with my wife in 1990.
now after 25 years she files a case for maintainence . Is according to law she has right to get maintainence when I am living a new settled life?
videv says
December 30, 2015 at 9:49 pm>> Is according to law she has right to get maintainence when I am living a new settled life?
Very much possible… maybe you need to read my book below and prepare how to fight the maintenance case based on cold, hard facts rather than hoping to get relief based on sympathy evoking arguments like “new settled life”. Between a woman and man trying to score on sympathy, women mostly win.
http://www.amazon.in/dp/B00VCA7YDS/ref=nosim?tag=menrigind-cm_mnt-21
Chetan Ghai says
December 27, 2015 at 10:18 pmMERA NAAM CHETAN HAI MAIN MEERUT SE HU.. MERI MARRIAGE SEP2014 MEIN HUI THI.. SHAADI KE TWO MONTHS KE BAAD MERI WIFE GHAR REHNE KE LIYE GAYI AUR WAAPIS NAHI AAYI SECTION-498A, SECTION-125 DAAL DIYA HAI. EK SAAL HO GAYA HAI CASE CHALTE HUE SETTELMENT MEIN 6 LAKH KI DEMAND HAI. MAIN 6 LAC KAHA SE DU. MERE GHAR KI CONDITION AISI NAHI HAI. USKI FAMILY CHAHTI THI KE MAIN APNE PARENTS SE ALAG RAHU HUMNE USKE LIYE BHI HAAN KARDIYA THA. PHIR BHI HUMPE CASE KARDIYA. MEDIATION MEIN ADULT BAATEN KARTI HAI. COURT MEIN BHI ADULT BAATE KARTI HAI. AB PLEASE MUJHE BATAYE KE MAIN SECTION 125 MEIN MAINTENANCE KAISE DENE SE BACH SAKTA HU. MERE PE MERE GHAR KI RESPONSIBILTY HAI.
videv says
December 28, 2015 at 9:07 amcourt mein adult baatein karti hai to judge ko boliye aise aurat ke saath koi sharif izzatdaar aadmi kaise rah sakta hai 🙂
Read book on maintenance: http://www.amazon.in/dp/B00VCA7YDS/ref=nosim?tag=menrigind-cm_mnt-21
Join the groups: menrightsindia.net/2015/01/counselling-discussion-of-personal-cases-on-whatsapp.html
Deepankar Choudhury says
December 4, 2015 at 5:06 pmMy wife lives separately but by her own choice in a house built by my father since 17/03/2012. She had purchased a flat with her own money with Rs 400,000 (Four lac) and paid Stamp duty of 120659 ( One lac six hundred and fifty nine) on 19/12/2014 with her own money. (This implies that she is definitely into some business). Further, on 09/09/2015 she sold the flat at about 10,00,000. Till then the flat remained vacant. She didn’t stay in it nor she let it out. Rent of that flat would be around 20,000. (twenty thousand ). On 23/10/2015 she is claiming maintenance under sec 125 Cr PC. Presently, I am unemployed. I had a business of medicines which is now dissolved since long. Please help.
videv says
December 4, 2015 at 9:29 pmI don’t understand when people have such good evidence, and yet they say: “please help”. Can someone else come to court and fight case against your wife?
bharti says
November 22, 2015 at 7:14 pmsir,
am bharti my husband wants to get mutual divorce from me, because of my in-laws compulsion, but I don’t want to separate from him so I registered in family court for reunite us. sir pls give solution for me so that we reunite sir.
videv says
November 23, 2015 at 3:59 pmLaw and legal means can’t reunite anyone. So better try something outside of law.
Meghana says
November 8, 2015 at 12:21 amSir i’m an woman..i know that it is mri,but most of the women in india are ill treated by husband..but the wife is phasing all that problems with patience,because of she don’t want to dissolve the marital life and she hoped her husband will change,may be my life will be good in future some else..it’s indian women wonderful and faithful mentalty..in such cases husband forced to her to give divorce and he proceed to false adultry,cruelity,mentally disorder etc words are put on her and he tried to prove that type of allegations..in such a way what is the wife’s mistake,why reduce to maintanance,why she is living all the life with unhappiness..it’s true or not sir..so,why this kind of husband phase all the women acts,and more..
Swaroop V says
November 26, 2015 at 5:20 pmMeghana, I agree everyone needs as happy life but it doesn’t mean that one should go and file flash cases agnists their husband and their family. I personally agree that anyone who is doing all those stuffs you mentioned should be punished and I am with it but concern over here is the cases filed against innocent people just because law is in favor of them. Is our mother and sisters are not an women ??? why they are pulled in this what mistakes they have done…… its just matter of “EGO” that’s it.
dilip kumar shaw says
October 20, 2015 at 8:32 pmMy wife have sex relationships with other and she not live with me an my child lives with me she filed case mantanenc court order 3500 for mantanenc Ian no able to pay please help me
T. DEVASAHAYAM says
October 10, 2015 at 12:07 pmwife left me & 2 children in 1996, filed petition in 2009 (after 14 years) for maintenance, court ordered to pay Rs.5000/- per month as maintenance from Dec., 2014. She is living in a C Class town (Taluq level)How to reduce the maintenance amount? Pl help me.
videv says
October 14, 2015 at 10:46 amUse all techniques mentioned in maintenance book. How was she surviving for 14 years? But basically, law is to prevent destitution of wives, there is no culture in India which says woman has to work to support herself. She’s a weight around husband’s neck. It’s only now the men are realizing what kind of laws are there for maintenance.
Vinay says
September 5, 2015 at 12:26 amMy brother and entire family is suffering from domestic violence n Downey case.we have qushed our cases from high court then she went to supreme court through state. Officials.she has withdrawn all her cases from state n file new from her home state Punjab.
videv says
September 5, 2015 at 5:47 pmEvery case needs to have jurisdiction… and if a trial is finished, then same case can’t be filed again even if it’s in different state.
Ajay says
August 5, 2015 at 11:11 pmI am also harassed by my wife and my petition of section 9a is still pending in ambala court. Can anyone help me out of this drastic situation?