The expressions 'unable to maintain' used by the Legislature in its wisdom were neither superfluous nor they were of no importance as was tried to be maintained

Haunsabai vs Balkrishna Krishna Badigar

Karnataka HC

13/02/1980

1981 CriLJ 110; ILR 1980 KAR 612; 1980 (2) KarLJ 158

About/from the judgment:

It cannot also be said that the expressions 'unable to maintain' used by the Legislature in its wisdom were superfluous or they were of no importance as was tried to be maintained by Mr. Thipperudrappa. I do not think the Legislature would have unnecessarily used such expression when they were not in the old Code. In view of the various social measures and the changed conditions of the society, the Legislature in its wisdom has probably thought it necessary that maintenance to a wife as provided under Section 125, Cr.P.C. should be

provided only to a wife who is unable to maintain herself or has no sufficient means to maintain herself. The law as it stands has to be enforced, though it may in some cases work hardship on the wives. The petitioner herein having failed to aver positively in her petition and substantiate it from the witness box that she was unable to maintain herself, the petition will have to fail.

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