Will a Husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his Wife if his Wife refuses to return to her matrimonial home?
After having secured said restitution decree, Dinesh did nothing! He neither sought execution under Order XXI, Rule 32 CPC nor did he seek a divorce under Section 13(1A)(ii) of The Hindu Marriage Act, 1955.
Reena had more than sufficient reason to stay away from Dinesh and her refusal to live with him cannot be held against her. The disqualification under Section 125(4), CrPC was not attracted and High Court erred grievously in applying same and holding Reena was not entitled to maintenance granted to her by Family Court.
– Hon’ble Justice Sanjay Kumar, Rina Kumari v. Dinesh Kumar Mahto, [Special Leave Petition (Criminal) No. 5896 of 2024].
