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Madhya Pradesh High Court · body

1978 DIGILAW 219 (MP)

Jahoor v. Bibibai

1978-03-15

P.D.MULYE

body1978
Short Note : 1. It is true that section 488 Cr. P.C. 1898 does not confer an absolute right on a neglected wife to get maintenance against the husband nor does it impose an absolute liability on the husband to, support her in all circumstances. Sections 488, 489 and 490 Cr. P.C. 1898 constitute one family. These provisions are intended to fulfill a social purpose. Their object is to compel a man irrespective of his caste, creed or religion to perform moral obligations which he owes to society in respect of his wife and children. By providing a simple, speedy but limited relief, they seek to ensure that the neglected wife and children are not left beggared and destituted on the scrapped heap of society and thereby driven to a life of vagrancy, immorality and crime for their maintenance. Thus section 488 Cr. P.C. is not intended to provide for a full and final determination of the status and personal rights of the parties. However, a husband is legally duty bound to maintain his wife as long as the legal relation continues and, under certain conditions, thereafter also as provided by law. In the present case, admittedly the relation between the applicant-husband and the non-applicant wife still subsists and their marital ties have not been broken off and the applicant is bound to maintain the wife-non-applicant and the son. 2. Even assuming that because of the initial conduct of the petitioner-non-applicant wife, the applicant-husband was compelled to contract a second marriage still the circumstance by itself will not absolve him of his responsibility and liability to maintain his wife-non- applicant and the son and after having contracted second marriage, the first wife cannot be compelled to live with the applicant- husband even though he may now be ready and willing to maintain her. In these circumstances, she is justified in refusing to live with the applicant-husband and is entitled for maintenance. Deochand vs. State of Maharashtra, AIR 1974 SC 1488 , relied on. Ramji Malviya vs. Smt. Munni Devi, AIR 1959 All. 767 , Rupchand vs. Charubala, AIR 1966 Cal. 83 , M. Ponnambalam vs. Saraswathi, AIR 1957 Mad. 693 , Lajaram vs. Sakhi Devi, AIR 1965 Manipur 49 and Ram Singh vs. State and Another, AIR 1963 All. 355 referred to. Revision dismissed.