The Hon’ble Calcutta High Court on Thursday observed that a divorced woman can claim maintenance in pursuance with section 125 of the Criminal Procedure Code, 1973 (hereinafter referred to as “Cr. P.C, 1973”) irrespective of the fact that such divorce was sought by the wife unilaterally.
Earlier, the Hon’ble Additional Sessions Judge has refused the petitioner’s plea for maintenance stating that she had wilfully neglected her husband by divorcing him of her own will.
Invoking its powers under Section. 482 of Cr. P.C, 1973 the Hon’ble Court ruled in favor of the divorced wife by setting aside the Hon’ble Sessions Judge impugned Order. Under Section 482, of Cr. P.C, 1973, Hon’ble High Courts have the power to rectify any wrongs committed by the Hon’ble lower courts including the Hon’ble Revisional courts.
The Hon’ble Single Judge Bench of Hon’ble Justice Bibek Chaudhuri ruled that a divorced wife is always eligible to claim maintenance till her next marriage and if she is not in a position to maintain herself.