DV ACT 2005   |   IPC 498A   |   Maintenance






Number of Documents : 1

INSTALL ANDROID APP



1.

Maintenance
SC of INDIA

on

2017-12-06
Criminal Appeal No 4057 of 2015J. Madan B.LokurSanju Devi vs State of BiharCrPC 125

Judicially Separated Wife Is Also Entitled To Maintenance

It is submitted by learned counsel for the respondent - husband that there is already a decree of judicial separation and in view of Section 125(4) of the Code of Criminal Procedure, 1973, the petitioner is not entitled to any maintenance. We are noting this argument only to reject it since we find no substance in this argument. If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance. We are also unable to subscribe to the view of the High Court that merely because the Trial Court has not given a finding that the petitioner is not able to look after herself, therefore, she is not entitled for maintenance. The High Court is required to look into the question whether the petitioner is entitled to maintenance or not and, if so, the quantum of maintenance. Since the High Court has misdirected itself on the issues before us, we set aside the impugned judgment and order dated 17.12.2014 and remand the matter to the High Court for fresh consideration.
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