Supreme Court of India· 10 January 2025

Are proceedings for maintenance under Section 125 of the Code of Criminal Procedure, 1973 criminal proceedings, such that a Civil Court's findings bind the Court hearing them?

Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and another

2025 INSC 55
Coram: Sanjiv Khanna; Sanjay Kumar

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Answer

No. Maintenance proceedings are essentially civil in nature; the provisions were placed in the Code of Criminal Procedure only because a remedy speedier and more economical than that available in the Civil Courts was to be provided. Even though non-compliance with a maintenance order entails penal consequences, such proceedings do not become criminal proceedings, and the nomenclature cannot be held conclusive as to their nature. The two proceedings are altogether independent, a Section 125 petition not arising from a suit for restitution of conjugal rights.

Headnote

Code of Criminal Procedure, 1973 — s.125 — s.125(4) — Hindu Marriage Act, 1955 — s.9 — Maintenance of wife — Decree for restitution of conjugal rights — Refusal to live with husband — Code of Criminal Procedure, 1973 — s.125(4) — Restitution decree not by itself a disqualification — Held: The mere passing of a decree for restitution of conjugal rights, and non-compliance with it by the wife, is not by itself sufficient to attract the disqualification under Section 125(4). Whether she still had valid and sufficient reason to refuse to live with her husband depends on the facts of each case. (¶29) Code of Criminal Procedure, 1973 — s.125(4) — 'Refusal' distinguished from 'failure' — Held further: Section 125 must be given a liberal construction to fulfil the intention of the legislature. The crucial word chosen in the provision is 'refusal', and the mere failure of a wife to live with her husband does not disentitle her to maintenance. (¶27) Code of Criminal Procedure, 1973 — s.125 — Maintenance proceedings essentially civil — Civil Court findings not binding — Held further: Maintenance proceedings under Section 125 are essentially civil in nature, and the two proceedings are altogether independent. Findings of the Civil Court in the restitution suit are therefore not binding on the Court seized of the maintenance petition. (¶30, 33) Code of Criminal Procedure, 1973 — s.125(4) — Husband's conduct — Sufficient reason to stay away — Held further: Where the husband ignored his wife after her miscarriage, denied her the use of the toilet and proper cooking facilities, and having secured the restitution decree neither sought its execution nor a decree of divorce, she had sufficient reason to stay away. Appeal allowed and the maintenance order restored. (¶37, 38)

In the Court's own words

Paragraph 9In its 41st Report submitted on 24th September, 1969, the Law Commission of India, while adverting to Section 488 of the Code of Criminal Procedure, 1898, observed that the primary justification for placing provisions relating to maintenance of wives and children, which is a civil matter, in the Criminal Procedure Code was that a remedy, speedier and more economical than that available in the Civil Courts, is provided to them. The Law Commission noted that the provision was aimed at preventing starvation and vagrancy, leading to commission of crime.

Paragraph 30Another contention that was urged before us is that the findings in the judgment for restitution of conjugal rights by the Family Court, being a Civil Court, would be binding on the Court seized of the petition under Section 125 Cr.P.C, as they are to be treated as criminal proceedings. This specious argument needs mention only to be rejected outright. No doubt, in Shanti Kumar Panda vs. Shakuntala Devi[^20], this Court held that a decision by a Criminal Court would not bind the Civil Court while a decision by the Civil Court would bind the Criminal Court. However, maintenance proceedings are essentially civil in nature and the reason for inclusion of the provisions dealing therewith in the Code of Criminal Procedure was clarified by the Law Commission of India in September, 1969. Significantly, as long back as in the year 1963, in Mst. Jagir Kaur and another vs. Jaswant Singh[^21], a 3-Judge Bench of this Court held that proceedings under Section 488 of the Code of Criminal Procedure, 1898, the precursor to Section 125 Cr.P.C., are in the nature of civil proceedings; the remedy, being a summary one; and the person seeking that remedy, ordinarily being a helpless person. Therefore, even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or become criminal proceedings. Nomenclature of maintenance proceedings initiated under the Code of Criminal Procedure, as those provisions find place therein, cannot be held to be conclusive as to the nature of such proceedings.

Acts & Sections

s.125(4) Code of Criminal Procedure, 1973s.125 Code of Criminal Procedure, 1973s.9 Hindu Marriage Act, 1955s.13(1A)(ii) Hindu Marriage Act, 1955s.41 Indian Evidence Act, 1872s.42 Indian Evidence Act, 1872s.498A Indian Penal Code, 1860Order XXI Rule 32 Code of Civil Procedure, 1908

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Also decided in this judgment

Under the Code of Criminal Procedure, 1973, does a decree for restitution of conjugal rights obtained by the husband, coupled with the wife's non-compliance, by itself disentitle her to maintenance under Section 125?Under Section 125(4) of the Code of Criminal Procedure, 1973, what is the difference between a wife's 'refusal' and her 'failure' to live with her husband?Under the Indian Evidence Act, 1872, is a previous judgment of a Civil Court conclusive proof of what it states in a later proceeding?What is the object of Section 125 of the Code of Criminal Procedure, 1973?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections