Supreme Court of India
Saygo Bai v. Chueeru Bajrangi
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What the Court ordered
We hold that the orders of the Courts below are wholly incorrect.
Judgment, page 13
From the headnote
Code of Criminal Procedure, 1973: s.125(3), second proviso; Explanation - Maintenance - Claim by abandoned c wife for maintenance - Courts below relying upon the admission by the wife that she herself left the matrimonial home and when her husband came to take her back,· she refused to go back and holding that she was not entitled to maintenance - Correctness of - Held: Not correct - In the 0 wake of the admitted second marriage of the husband, wife would be entitled to claim maintenance and her earlier refusal to join the company of the husband would be of no consequence - The orders passed
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