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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • — G.D Ghokshe.
  • No. 1 — A.C Agarwal with Smt. A.A Agawal.
  • For State — R.S More, Public Prosecutor.
Judges
  • B.G Kolse Patil, J.
Acts
  • provisions of the Hindu Adoptions and Maintenance Act. Hence S. 4 of that Act
  • provisions of Section 488 of the Code of Criminal Procedure.
  • "Section 4(b) of the Hindu Adoptions and Maintenance Act (1956),
  • Section 4(b) of Hindu Adoptions and Maintenance Act (1956)
  • HINDU ADOPTIONS AND MAINTENANCE ACT
  • section 488 of the Criminal Procedure Code
  • Maintenance Act and Section 488, Cr.P.C.
  • provisions of Section 488, Cr.P.C.
  • Hindus. Section 488, Cr.P.C.
  • section 488, Cr.P.C.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • — G.D Ghokshe.
  • No. 1 — A.C Agarwal with Smt. A.A Agawal.
  • For State — R.S More, Public Prosecutor.
Judges
  • B.G Kolse Patil, J.
Acts
  • provisions of the Hindu Adoptions and Maintenance Act. Hence S. 4 of that Act
  • provisions of Section 488 of the Code of Criminal Procedure.
  • "Section 4(b) of the Hindu Adoptions and Maintenance Act (1956),
  • Section 4(b) of Hindu Adoptions and Maintenance Act (1956)
  • HINDU ADOPTIONS AND MAINTENANCE ACT
  • section 488 of the Criminal Procedure Code
  • Maintenance Act and Section 488, Cr.P.C.
  • provisions of Section 488, Cr.P.C.
  • Hindus. Section 488, Cr.P.C.
  • section 488, Cr.P.C.
See more information ...
Smart Summary

Structured Summary of the Opinion

Factual and Procedural Background

The present Criminal Application was filed by the Petitioner (original opponent) against an order of the Additional Sessions Judge, Pune. The Petitioner and Respondent No.1 were married on 12-5-1967. After an initial period of normal relations, the Petitioner and his mother allegedly ill-treated Respondent No.1 (starvation, harassment, assault) and she was forced out of the marital home in December 1967. Respondent No.1 thereafter lived with her brother and, being without income, claimed maintenance of Rs. 250 per month by filing a maintenance application.

The Petitioner filed a written statement denying the allegations, admitting marriage but contending that Respondent No.1 refused to reside with him and was able to maintain herself; he also disputed the claimed income figure. The learned Judicial Magistrate First Class (A.C.) Pune dismissed the maintenance application, finding Respondent No.1 able to maintain herself and without just cause to reside separately. The Magistrate did not refer to an earlier civil suit filed by Respondent No.1 under the Hindu Adoptions and Maintenance Act, 1956, which had been dismissed on merits and against which no appeal was filed.

The Additional Sessions Judge allowed the revision against the Magistrate's order and granted maintenance of Rs. 150 per month, holding that principles of res judicata or double jeopardy would not apply because the criminal proceedings were summary in nature. The present petition challenges that order.

Legal Issues Presented

  1. Whether a decision of a civil court of competent jurisdiction, which has held that a wife is not entitled to maintenance, bars a subsequent summary criminal proceeding under Section 125 of the Criminal Procedure Code that seeks maintenance.
  2. Whether the Additional Sessions Judge was correct in granting maintenance notwithstanding the earlier civil court decision and in concluding that principles of res judicata or double jeopardy do not apply to summary proceedings under Section 125 Cr.P.C.

Arguments of the Parties

Respondent No.1 (original applicant) — factual allegations and claim

  • Alleged ill-treatment by the Petitioner and his mother: starvation, harassment, assault, including an assault after her visit to an ailing brother.
  • Was forced out of the marital home and has no independent source of income; claimed maintenance of Rs. 250 per month from date of filing.

Petitioner (original respondent to maintenance application) — contentions

  • Denied the allegations of ill-treatment and asserted that Respondent No.1 refused to live with him without justification.
  • Denied neglect or refusal to maintain and contended that Respondent No.1 is able to maintain herself.
  • Denied the claimed monthly income of Rs. 1,500, asserting his salary was about Rs. 800 per month.

Counsel for Respondent No.1 (Mrs. A. A. Agarwal) — legal reliance

  • Relied on the Supreme Court decision in Nanak Chand v. Chandra Kishore Aggarwal for the proposition that Section 4(b) of the Hindu Adoptions and Maintenance Act, 1956 does not repeal or affect the provisions of Section 488 (now reflected as Section 125/488 discussion) of the Code of Criminal Procedure; i.e., remedies under the Criminal Code remain available notwithstanding the Maintenance Act.
  • Also relied on the Allahabad High Court decision in Ram Singh v. State to support the view that Section 488 Cr.P.C. (analogous to S.125) provides a special remedy and does not lose jurisdiction because a civil remedy exists under the Hindu Adoptions and Maintenance Act.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Nanak Chand v. Chandra Kishore Aggarwal The observation that "Section 4(b) of the Hindu Adoptions and Maintenance Act (1956) does not repeal or affect in any manner the provisions of section 488, Cr.P.C. ... There is no inconsistency between the Maintenance Act and section 488, Cr.P.C. Both can stand together." The court reviewed the authority and concluded that while it establishes availability of a remedy under section 488 notwithstanding the Maintenance Act, it has "no application to the facts of the present case and the issue involved"—specifically the effect of an earlier civil court decision.
Ram Singh v. State The Allahabad High Court's view that the right of maintenance under section 488, Cr.P.C. is a special right given under the Code and that the existence of a civil remedy under the Hindu Adoptions and Maintenance Act does not take away the Magistrate's jurisdiction under section 488, Cr.P.C. The opinion states this ruling "also has no bearing on the issue as regards the effect of the earlier decision of the Civil Court." The court thus did not treat Ram Singh as resolving whether a civil court decision bars subsequent proceedings under S.125.

Court's Reasoning and Analysis

The court's central analytical point is that the learned Additional Sessions Judge erred by failing to give effect to the earlier civil court decision. The reasoning proceeded as follows:

  1. The civil Court's proceedings and decision on the maintenance claim are substantial and, where a civil Court of competent jurisdiction concludes that a person is not entitled to maintenance, a criminal Court under Section 125 Cr.P.C. "cannot sit in appeal over the said decision."
  2. The fact that proceedings under Section 125 are summary in nature does not permit the criminal Court to override a prior substantive finding by a civil Court of competent jurisdiction; the Additional Sessions Judge's view that res judicata or double jeopardy would not apply because the proceedings were summary was considered a vital mistake.
  3. The court noted that Section 127(2) Cr.P.C. contemplates cancellation of an order passed under Section 125 after the decision of the civil Court, supporting the principle that a civil court decision can affect a maintenance order under the Code.
  4. While precedent was discussed (Nanak Chand and Ram Singh), the court concluded those authorities addressed the coexistence of remedies under the Maintenance Act and the Criminal Code but did not address the specific question before the court — the effect of an earlier civil court decision on subsequent summary criminal proceedings for maintenance.
  5. On these bases the court determined the Additional Sessions Judge's order granting maintenance should be set aside.

Holding and Implications

HOLDING: The Criminal Application succeeds. The judgment and order passed by the learned Additional Sessions Judge, Pune, in Criminal Revision Application No. 43 of 1984 is set aside and quashed; the Rule is made absolute.

Implications: The direct effect is that the maintenance order made by the Additional Sessions Judge (granting Rs. 150 per month) is quashed and the earlier decision stands. The opinion reasons that a civil court's substantive decision that a spouse is not entitled to maintenance precludes the criminal Court under Section 125 from effectively re-examining that entitlement. The opinion does not purport to lay down a broader novel precedent beyond applying that principle to the present facts; its operative consequence is the removal of the impugned order and confirmation that the civil court decision governs in this dispute between these parties.

Show full summary ...

    Murlidhar Chintaman Waghmare v. Pratibha Murlidhar Waghmare And Another

    1. This is a Criminal Application filed by the Petitioner (Original opponent) against the order of the Additional Sessions Judge, Pune.

    2. The Petitioner and the 1st Respondent (original applicant) were legally wedded on 12-5-1967 as per Hindu religious rites. It was the second marriage of the Petitioner which was performed after the death of his first wife who left behind a daughter from that marriage. After their marriage, the Petitioner and the 1st Respondent started residing at Neral in Taluka Karjat, District Raigad. In the initial period their relations were normal. However, thereafter, the Petitioner and his mother started ill-treating the 1st Respondent in the various ways. She was starved, harassed in various other ways by the Petitioner and his mother. The Petitioner's abnormal sexual appetite subjected Respondent No. 1 to physical sufferings. When she went to see her ailing brother on 31-10-1967 the Petitioner was incensed out on her return. She was severely assaulted and was forced out of her marital home in the month of December 1967. Ever since, she has been residing with her brother at Pimpri : she has no source of income and hence she has to depend on her brother. The 1st Respondent, therefore claimed maintenance at the rate of Rs. 250/- per month since the date of the filing of the Maintenance Application.

    3. The present Petitioner, who was respondent to the said application, filed his Written Statement denying the allegations of the 1st Respondent. While admitting that the 1st Respondent is his wife, the Petitioner contended that it is the 1st Respondent who is not willing to reside with him at her marital home. Hence she has come out with various imaginary incidents. He denied that he refused or neglected to maintain the 1st Respondent and stated that she refused to stay with him without any justification. The Petitioner also contended that the 1st Respondent is in a position to maintain herself. He also denied that his monthly income is Rs. 1,500/-. According to him, he gets monthly salary of about Rs. 800/- only.

    4. The learned Judicial Magistrate, First Class (A.C.) Pune, who heard the application, on the basis of oral and documentary evidence, came to the conclusion that the 1st Respondent was able to maintain herself and that she had no just and sufficient reasons to reside separately from the Petitioner. The learned Magistrate further held that the Petitioner had offered to maintain the 1st Respondent which offer she had refused. Consequently, the application was dismissed without any order as to costs. It may be mentioned here that the 1st Respondent had earlier filed a similar maintenance application which was withdrawn by her. Thereafter she also filed a civil suit for declaration that she was entitled to reside separately and for maintenance under the Hindu Adoptions and Maintenance Act, 1956. The said suit was dismissed on merits. No appeal was filed by her against the said order. The learned Magistrate unfortunately did not refer to the said civil suit in his judgment.

    5. The learned Additional Judge, while allowing the Revision filed against the order of the learned Magistrate, granted maintenance of Rs. 150/- per month, and observed that the principles of res judicata or double jeopardy would not come into play as the present proceedings were of a summary nature. According to me, the learned Sessions Judge has missed a vital point in coming to the said conclusion. The proceedings in the civil Court are substantial whereas the proceedings under S. 125 of the Criminal Procedure Code are of a summary nature. Once the civil Court of competent jurisdiction comes to the conclusion that Respondent No. 1 is not entitled to maintenance, the criminal Court, under Section 125, cannot sit in appeal over the said decision. This itself, without anything more, is sufficient to set aside the impugned order of the learned Sessions Judge. Even S. 127(2) of the Criminal Procedure Code contemplates cancellation of the order passed under S. 125 after the decision of the civil Court.

    6. Mrs. A. A. Agarwal, learned Advocate appearing for the 1st Respondent, has relied on a decision of the Supreme Court in Nanak Chand v. Chandra Kishore Aggarwal, , for the proposition that Section 4(b) of Hindu Adoptions and Maintenance Act (1956) does not repeal or affect in any manner the provisions of Section 488 of the Code of Criminal Procedure. I have gone through the authority cited and the principles laid down therein and I am of the opinion that this authority has no application to the facts of the present case and the issue involved in this petition. Their Lordships of the Supreme Court observed :-

    "Section 4(b) of the Hindu Adoptions and Maintenance Act (1956), does not repeal or affect in any manner the provisions of section 488, Cr.P.C. There is no inconsistency between the Maintenance Act and section 488, Cr.P.C. Both can stand together. The scope of the two laws is different. The Maintenance Act is an Act to amend and modify the law relating to adoptions and maintenance among Hindus. section 488, Cr.P.C. provides a summary remedy and it is applicable to all persons belonging to all religions and has no relationship with the personal law of the parties."

    Thus, their Lordships were of the view that remedy under section 488 of the Criminal Procedure Code was available notwithstanding the provisions of the Hindu Adoptions and Maintenance Act. However, the issue in this case is, what would be the effect of the earlier decision of the Civil Court.

    7. Mrs. Agarwal then relied on a decision of the Allahabad High Court, in Ram Singh v. State, . In that case, the Allahabad High Court observed :

    "The right of maintenance under section 488, Cr.P.C. is a special right given under the Code. The mere fact that similar analogous remedy is available under the Hindu Adoptions and Maintenance Act in a Civil Court, does not take away the jurisdiction of the Magistrate under S. 488, Cr.P.C. to order maintenance to a Hindu wife.

    The provisions of S. 488, Cr.P.C. are by no means any text, rule or interpretation of Hindu law or any custom or usage as part of that law; nor are they in any manner repugnant to, or inconsistent with the provisions of the Hindu Adoptions and Maintenance Act. Hence S. 4 of that Act cannot override S. 488, Cr.P.C. There is nothing in the Hindu Adoptions and Maintenance Act to suggest expressly or by necessary implication that the Act is intended to be a substitute for the provisions of section 488, Cr.P.C. In fact the provisions of Section 18 of the Act cannot be a substitute for section 488, Cr.P.C. The latter provision is general and is applicable to a wife, irrespective of her religion, but the former is applicable to the case of Hindus only."

    This ruling also has no bearing on the issue as regards the effect of the earlier decision of the Civil Court.

    8. In the result, the Criminal Application succeeds. The judgment and Order passed by the learned Additional Sessions Judge, Pune, in Criminal Revision Application No. 43 of 1984 is set aside and quashed. Rule is made absolute.

    9. Order accordingly.

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    Comments

    Murlidhar Chintaman Waghmare v. Pratibha Murlidhar Waghmare And Another
    (Oct 9, 1985)