Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

Ashok Kini

27 Sept 2019 7:48 PM IST

"The husband cannot urge that he can divorce his wife on the ground that she has deserted him and then deny maintenance which should otherwise be payable to her on the ground that even after divorce she is not willing to live with him."

The Supreme Court has observed that a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose, refusing the plea to refer this issue to a larger bench, observed that this view has been...

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

Ashok Kini

"The husband cannot urge that he can divorce his wife on the ground that she has deserted him and then deny maintenance which should otherwise be payable to her on the ground that even after divorce she is not willing to live with him."

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