Wife living separately from husband without valid reason not entitled to maintenance: Allahabad HC
Prayagraj (UP), Jul 12 (PTI): The Allahabad High Court has observed that a wife living separately from her husband without a valid reason is not entitled to maintenance and set aside a family court order granting maintenance to a married woman.
Allowing a revision petition filed by the woman's husband, Vipul Agrawal, Justice Subhas Chandra Sharma set aside the February 17 order of maintenance passed by the additional principal judge of the family court in Meerut.
"The trial court has recorded the finding that the wife failed to prove that she is living separately from the husband with sufficient reasons and the husband is neglecting to maintain her, even though the amount of maintenance has been fixed in favour of the wife at Rs 5,000 per month.
"As per the provision contained under section 125(4) of the Code of Criminal Procedure (CrPC), if the wife is living separately from the husband without sufficient reasons, she is not entitled to maintenance," the high court said.
During the course of the hearing, the counsel for the petitioner submitted that the trial court has recorded the finding that the wife is living separately from her husband without sufficient reasons. Despite this, the family court has fixed the amount of maintenance at Rs 5,000 per month.
He also submitted that the trial court has not considered the earning capacity of the petitioner but fixed the amount of maintenance in favour of the wife and a minor child at Rs 5,000 and Rs 3,000, totalling Rs 8,000 per month.
However, the lawyer representing the woman and the state counsel submitted that she is living separately from her husband due to his neglect and that is why the trial court has allowed the application and fixed the amount of maintenance.
Allowing the revision petition of the husband, the court said, "In view of the aforesaid finding as recorded by the trial court in relation to the second issue and the order fixing the amount at Rs 5,000 per month in favour of the wife, both are contradictory and in violation of the provision as contained in section 125(4), CrPC. Therefore, the order dated February 17, 2025 being erroneous requires interference by this court."
The court, in its judgment dated July 8, sent the matter back to the family court to decide it afresh after giving an opportunity of hearing to both parties.
However, the court made it clear that the petitioner will continue to pay an amount of Rs 3,000 per month for the wife and Rs 2,000 per month for the child as interim maintenance during the pendency of the application.
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Nightclub fire: Goa court remands Luthra brothers in police custody for five days
Panaji (PTI): A court in North Goa on Wednesday remanded Gaurav and Saurabh Luthra, co-owners of the ‘Birch by Romeo Lane’ nightclub, in police custody for five days.
The brothers, brought to Goa from Delhi after being deported from Thailand in connection with the December 6 blaze that killed 25, were produced in the court after undergoing health check-ups twice at the District Hospital in North Goa.
Judicial Magistrate First Class Mapusa Puja Sardesai remanded the two brothers in police custody for five days.
Advocate Vishnu Joshi, representing Bhavana Joshi who lost four family members in the tragedy, said that the accused were asking for “special consideration” claiming poor health.
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“We said they should not be given any extra relaxation,” he said, adding that the court has taken cognisance of the fact that this is about the death of “25 people in the form of mass genocide”.
“But since they kept pressing for medical check-up, the court ordered reexamination of their health. It is clear in the medical examination that they don’t require any consideration. The accused sought special considerations in the lock-up like a good mattress, which the court refused,” said Joshi.
A team of the Goa Police, along with the Luthra brothers, arrived at the Manohar International Airport, Mopa, in North Goa at 10.45 am.
The duo was initially taken to a Primary Health Centre at Siolim for medical examination. They were then taken to the District Hospital at Mapusa.
After their health assessment, the two were brought to the court.
The court directed that the accused be sent for fresh medical examination. Accordingly, the two were again taken to the District Hospital.
Later, they were produced before Judge Sardesai, who ordered the five-day police custody of the accused.
After the fire tragedy at Arpora village, the Anjuna police had registered a case against the Luthra brothers on various charges, including culpable homicide not amounting to murder.
The brothers were arrested in Delhi on Tuesday after being deported from Thailand. A court there allowed the Goa Police their two-day transit remand.
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The duo had fled to Phuket in Thailand early on December 7, hours after the fire at their nightclub, prompting the authorities to issue an Interpol Blue Corner Notice and cancel their passports.
They were detained by Thai authorities at Phuket on December 11 following a request from the Indian government, which later coordinated with officials in Thailand to deport them under legal treaties between the two nations.
Five managers and staff members have already been arrested by the Goa Police in connection with the fire.
