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  • (Wives)-Claiming for Maintenance-> Be Care full



    (Wives)-Claiming for Maintenance-> Be Care full

    2011(4) PLJR - 249

    Cr.WJC No. 721/2011

    Laljee Yadav -Vs.- The State of Bihar & Ors.

    Para -19 ->

    The Law does not contemplate that irrespective of the fact, the wife must live at the total expense of the husband. If the wife is capable of maintaining herself then she can’t say that I will do nothing and insist that the husband provide for her comforts but that does not mean that the husband would live a comfortable life and leave his wife in a miserable state. Status of both must be maintained. Just by way of illustration, we may sate that if the wife is educated, she can’t say that I will make no effort to work which she would have done while living with her husband and now husband must provide me for all my comforts. It is because of that the legislature in clause (a) of section 125(1) of the Code of Cr.P.C has used the expression unable to maintain her. Then the court has to find out whether the husband has sufficient means to maintain his wife.

    Chamber no-121
    Kumar goutam

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