Bharatiya Nagarik Suraksha Sanhita, 2023
Section 528—Quashing of maintenance petition—Petition for—Marriage between parties was dissolved by way of Talaq-e-Khula and they also entered into a settlement agreement on the same day—Question of maintainability of petition as well as negligence or refusal by husband to give maintenance to wife and child raised before the court—Issues have been raised essentially on whether the divorced wife in the given circumstances is entitled to any maintenance essentially has to be determined on the facts of the case and involves mixed question of fact and law—It cannot be overlooked that the maintenance has also been claimed for the child, which again needs to be adjudicated on the facts and circumstances of case—Not a fit case for quashing of the maintenance petition—Liberty granted to the petitioner to raise all these contentions before the Family Court while addressing arguments on the interim maintenance application.
[Paras 40 to 44]
Criminal Procedure Code, 1973
Section 125 (Sec. 144 of BNSS, 2023)—Maintainability of petition—Settlement agreement—Maintenance petition has been filed not only to claim maintenance by first respondent, but also for and on behalf of the child—Settlement agreement between the parties, cannot be a basis to outrightly say that the maintenance petition is not maintainable, especially when it includes the maintenance of child.
[Para 36]
Section 125 (Sec. 144 of BNSS, 2023)—Maintenance to divorced wife—Entitlement—Once a wife is divorced, she is per se entitled to maintenance under Sec. 125 of CrPC (Sec. 144 of the BNSS, 2023) irrespective of the ground or the manner in which the divorce is taken.
[Para 37]