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Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): S. Saghir Ahmad, D. P. Wadhwa , JJ

(A) Criminal P.C. (2 of 1974) , S.125— Hindu Adoptions and Maintenance Act (78 of 1956) , S.18— Maintenance to wife - "Neglect or refusal by husband to maintain her" - Fact that husband is living with another woman - Justifies refusal of wife to live with husband - Wife entitled to maintenance as it amounts to neglect or refusal by husband to maintain her. Cri. O.P. No. 11292 of 1997, D/- 4-12-1997 (Mad), Reversed. Where the wife alleged that her husband had contracted a second marriage and she filed a complaint for an offence under S. 494 of the Penal Code, dismissal of complaint and acquittal of husband cannot be taken against wife to be a just ground for her refusal to live with her husband. The Court must not loose the fact how it would be difficult for the wife to prove the second marriage. To prove the second marriage as a fact essential ceremonies constituting it must be proved and if second marriage is not proved to have been validly performed by observing essential ceremonies and customs in the community conviction under S. 494, IPC ought not to be made. Even though wife was unable to prove that husband has remarried, yet the fact remained that the husband was living with another woman. That would entitle the wife to live separately and would amount to neglect or refusal by the husband to maintain her. Proviso to sub-sec. (3) would sq....