Judicially Separated Wife Is Also Entitled To Maintenance: SC

Judicially Separated Wife Is Also Entitled To Maintenance: SC

The Supreme Court in SLP no 4057/2015 titled as “Sanju Devi Vs State of Bihar ” has observed that a judicially separated wife is also entitled for maintenance. The wife had approached the apex court after the order granting maintenance by the trial court was set aside by Patna High Court. The bench of Justices Madan Lokur and Dipak Gupta was considering a submission put forth on behalf of the 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 wife 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,” the bench said.

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