Manmohan Singh vs Smt. Mahindra Kaur : 1976 Cri. L.J 1664 : All WC 335 : 1976 All Cri C 195 : 1976 LRC Online 1 (All)
Section 125(1)(a)-Grant of maintenance-Application for setting aside of order-Neither it was alleged by the opposite party in her application under section 125 of CrPC nor it was stated by her in her statement before the CJM that she was unable to maintain herself and no finding recording by the CJM to that effect-Orders of CJM and Sessions Court are clearly illegal-Impugned orders set aside-Application allowed.
Held : Under Section 125(1)(a), Cr., P. C. 1973 maintenance allowance cannot be granted to every wife who is neglected by her husband or whose husband refuses to maintain her but can only be granted to a wife who is unable to maintain herself. It may be pointed out that this is a-departure from Section 488 of the Code of Criminal Procedure, 1898 wherein every wife, whether she was able or was not able to maintain herself, was entitled to maintenance if she was neglected or not maintained by her husband. As it was not alleged by the opposite party in her application under Section 125, Cr. P.C. 1973 and it was also not stated by her in her statement recorded by the C. J. M., Dehradun that she was unable to maintain herself and no finding has been recorded by the C. J, M., Dehradun or the Sessions Judge, Dehradun that the opposite party was unable to maintain herself, the order of the C. J. M., Dehradun dated 3-8-1975 and the order of the Sessions Judge, Dehradun dated 2-9-1975 are clearly illegal.