Gyan Chand v. Rekha : 2010 (7) RCR (Cri) 1204 : 2010 (91) AIC 517 : 2010 MLR 442 : 2010 (3) RCrD 166 : (2010) 2 CriLR 1544 : (2010) WLC 340 : 2009 LRC Online : 762 (Raj)
Section 125-Maintenance-Grant of-Question as to benefit of sub-clause (4) of s. 125 of CrPC Can be given to Husband or not Failure of wife to prove that she had sufficient cause to stay away from husband-When such finding given by Magistrate under Domestic Violence proceedings the same would be binding in proceeding under s. 125 of CrPC-Benefit of s. 125 (4) given to husband-Petition allowed.
Held : While considering the petition under Section 125 Cr .P.C., the Court is required to also consider if the benefit of Sub-Clause (4) can be given to the husband or not. Therefore, the court perforce would be concerned with the issue whether the wife had sufficient cause to stay away from the husband or not. Since, there was already a finding given by the learned Judicial Magistrate, vide order dated 19.08.2008, the said finding would be binding in a proceeding under Section 125 Cr .P.C. Hence, the learned Judicial Magistrate should have given the benefit of Section 125(4) to the present petitioner.