Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Recently, the Madhya Pradesh High Court at Gwalior has ruled that a husband’s claim of being “ready and willing” to keep his wife with him, made only in the course of litigation, does not qualify as a valid offer within the meaning of the second proviso to Section 125(3) of the Code of Criminal Procedure (CrPC).
The matter arose from a revision slot deposit pulsa petition filed by the husband challenging a Family Court order directing him to pay ₹3,000 per month as maintenance to his wife. His primary contention was that, since he had expressed readiness to keep her with him, she was not entitled to maintenance.
Justice G.S. Ahluwalia observed, "Since petitioner never offered to maintain his wife, therefore, merely because he has stated in his reply to the application, this Court is of the considered opinion that the stand taken by the petitioner in his reply cannot be said to be an offer made by the petitioner."
The Court examined the scope of the second proviso to Section 125(3) CrPC, which allows a Magistrate to grant maintenance even if the wife refuses to live with her husband despite his offer, provided her refusal is based on just grounds. The Court found that the husband had not made any formal or substantive offer before the Family Court, neither through a specific application nor in his testimony, nor by putting the proposal to the wife during cross-examination. It held that a casual statement in the written reply cannot be construed as a legally tenable offer to maintain the wife, and emphasised that the statutory requirement link slot 5k demands more than a mere pleading. It also noted that the maintenance awarded was not excessive.
While concluding that the husband’s challenge was devoid of merit, the Court dismissed the revision petition and upheld the Family Court’s order granting maintenance.
Case Title: X Vs. Y
Case No: Criminal Revision No. 6279 of 2024
Coram: Justice G. S. Ahluwalia
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