Code of Criminal Procedure, 1973–Sec. 125(4) [Corresponding Sec. 125(4) of BNSS, 2023]–Hindu Marriage Act, 1955–Sec. 9–Respondent-husband was absolved from the duty of paying maintenance on the ground of refusal to abide the decree of conjugal rights–Justification–Petitioner-wife did not appear in the proceedings for restitution of conjugal rights after filing the written statement–She did not produce her evidence in the proceeding–Witnesses who appeared on behalf of her in the proceedings u/s. 125, were not cross-examined–Petitioner was not allowed to use the toilet in the house or to avail proper facilities to cook food in the matrimonial home and these facts were admitted by the respondent in the restitution proceedings–Conduct of respondent in completely ignoring his wife, after she miscarrige their child, would have been the proverbial last straw adding to her suffering due to the ill treatment–Evidence of petitioner in the proceedings u/s. 125 Cr.P.C. was not rebutted by the respondent-husband–Held, disqualification u/s. 125(4) was not attracted–Impugned judgment passed by the High Court is liable to be set aside.
