Allowing a revision petition of Urmiladevi, Justice R Mala held that living separately due to divorce is sufficient cause for maintenance as per Section 125 of CrPc.
She reversed the order of the Principal Sessions Court at Thanjavur, which denied the relief to her.
Urmiladevi submitted she was granted a divorce on April 2010 on an application by her husband. She claimed Rs 10,000 as monthly maintenance from him. However, a magistrate court at Kumbakonam granted her 5,000.
The sessions court observed that though the marriage was proved, she was away from the matrimonial home without any reasonable cause and material evidence did not prove she was living separately with sufficient reasons.
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Urmiladevi then filed a petition in the High Court.
She submitted she had been dependent on her ailing father and after his death in 2009 was working as a temporary hand at a library and was thus entitled for maintenance.
Agreeing with her contention, Justice Mala said "since Urmiladevi was divorced by her husband that is sufficient cause for her to live away from the matrimonial home. Therefore, the finding of the first appellate Court is liable to be set aside."
She restored the order of Magistrate Court and directed him to pay maintenance arrears from the date the petition was filed till Nov 30, 2014, after deducting the amount already paid, if any, within three months, failing which it would carry an interest rate of six per cent per annum.
Thereafter, he should pay the monthly maintenance amount as ordered by the trial court, on or before 10th of every month, the judge said.