Judicially Separated Wife Is Also Entitled To Maintenance

Sanju Devi vs State Of Bihar & Anr

Supreme Court

06/12/2017

Petition(s) for Special Leave to Appeal (Crl.) No(s).4057/2015 (Arising out of impugned final judgment and order dated 17-12-2014 in CRR No. 716/2012 passed by the High Court of Judicature at Patna)

About/from the judgment:

If a divorced wife is entitled for maintenance, there is no reason why a wife who is judicially separated is not entitled for maintenance, the court said.

 

“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,”.

 

The high court, by quoting the apex court decision in Chaturbhuj vs Sita Bai, had observed thus: “A duty is cast upon the Court that before maintenance allowance is awarded in favour of the wife, two conditions have to be satisfied. (i) There must be a finding of fact that the wife is unable to maintain herself and; (ii) that her husband has sufficient means but neglects or refuses to maintain the wife. Unless such findings of facts are recorded, the Court concerned cannot award maintenance allowance in terms of Section 125(1) of the Code of Criminal Procedure.”

Read the Judgment

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