Bombay HC: husband is deemed to have refused and neglected to maintain wife if husband is residing with second wife or another woman
Even assuming for a moment that there was a divorce between the parties, it would be relevant at this juncture to refer to the reported judgment of the Hon’ble Supreme Court in case of Rajathi v. C. Ganesan MANU/SC/0412/1999 : AIR 1999 SC 2374. The Hon’ble Court in paragraph 7 held thus
Even though wife was unable to prove that husband has remarried, yet the fact remained that the husband was living with another woman. That would entitle the wife to live separately and would amount to neglect or refusal by the husband to maintain her. Statement of the wife that she is unable to maintain herself would be enough and it would be for the husband to prove otherwise. {Para 33}
- It clearly follows from the aforesaid observation of the Hon’ble Supreme Court that if the husband is remarried and living with another woman that itself entitles the wife to live separately and would amount to neglect or refuse by the husband to maintain her.
In the instant case, it is admitted position that, the applicant has remarried with some another woman. Therefore, in the facts of this case it was not necessary for the wife to prove that, the husband has neglected or refused to maintain her. In fact as per the aforesaid pronouncement, the burden was on the husband to prove otherwise.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Criminal Application No. 3897 of 2007
Decided On: 15.12.2009
Gulabrao Nagorao Ingole Vs. Dwarkabai Gulabrao Ingole
Hon’ble Judges/Coram:
Sambhaji Shiwaji Shinde, J.
Citation: 2010 CRLJ 1471,MANU/MH/1468/2009.