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Wife has an absolute right to maintenance under Section 125 CrPC, unless disqualified

In Vishnuprasad v. Vishnupriya, the Single Judge Bench comprising of M.V. Muralidaran J., held that “If the husband is healthy, able bodied and in a position to support himself, he is under the obligation to support his wife under Section 125 CrPC, for wife’s right to receive maintenance under the Section, unless disqualified, is an absolute right.”

The petition for divorce was first filed by the husband/petitioner subsequently followed by a petition by the wife seeking restitution of conjugal rights and while these petitions were still pending, the wife of the petitioner filed another petition seeking interim maintenance for which the petitioner was asked to pay Rs. 16,000/- per month to the respondent/wife.

Article referred: http://blog.scconline.com/post/2018/05/24/wife-has-an-absolute-right-to-maintenance-under-section-125-crpc-unless-disqualified/

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