AIR 2019 SUPREME COURT 4748 ::AIR 2020 SC (Criminal) 316 ::AIROnline 2019 SC 1134 ::(2019) 3 HinduLR 392 ::(2019) 4 CivilCourtC 734 ::(2019) 4 RecCriR 628 ::(2019) 2 ALD(CRL) 1008

Supreme Court Of India

(From: Calcutta)

Hon'ble Judge(s): Deepak Gupta, Aniruddha Bose , JJ

(A) Criminal P.C. (2 of 1974) , S.125— Maintenance - Entitlement - Divorced wife is entitled to claim maintenance under S.125 of Cr.P.C - Deeming fiction of divorced wife being treated as a wife only for purpose of maintenance - It cannot be stretched to illogical extent that she is under a compulsion to live with ex-husband. Explanation II to Section 125 of the Cr.P.C. by deeming fiction includes a divorced woman to be a wife and, therefore, a woman who has been divorced by her husband can still claim maintenance under Section 125 of the Cr.P.C. Once the relationship of marriage comes to an end, the woman obviously is not under any obligation to live with her former husband. The deeming fiction of the divorced wife being treated as a wife can only be read for the limited purpose for grant of maintenance and the deeming fiction cannot be stretched to the illogical extent that the divorced wife is under a compulsion to live with the ex-husband. 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.(Para 7) (B) Criminal P.C. (2 of 1974) , S.125(4)— Maintenance - Claim by divorced wife - Mere fact that wife d....