Shashi Alias Mala vs State : 2007 (2) RCR (Civil) 248 : 2007 (1) RajLW 672 : 2006 WLC (UC) 588 : 2007 (2) RCR (Cri) 144 : 2007 (3) CivCC 151 : (2007) 2 CrCC : 815 (2006) 2 CriLR 1258 : (2007) 1 RajCriC 239 : 2006 LRC Online 672 (Raj)
Section 125(4)-Maintenance-Entitlement-In case a wife is divorced on ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband.
Held : A holistic reading of the provisions would clearly reveal that in case a wife is divorced on the ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband. Unfortunately the said provision has not been noticed by the learned Magistrate while passing the order dated 1.2.02. In the said order he has observed that a divorce on the ground of mutual consent would not disentitle the wife from claiming the maintenance. Such an observation is clearly against the provisions of Section 125(4) of the Code. However, as the divorce decree on the ground of mutual consent is under challenge, it is for the learned Magistrate to consider the effect of such challenge upon the maintainability or non-maintainability of the application under Section 125 of the Code.