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Supreme Court of India

Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Another

Neutral citation
Reported as [2025] 1 S.C.R. 462
Bench Sanjiv Khanna and Sanjay Kumar JJ.
Decided 9 January 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result, it was held that a petition under Section 125 Cr.P.C. could be considered on its own merits independently, without being influenced by the decree for restitution of conjugal rights.

Judgment, page 13

From the headnote

Issue for Consideration Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4), Code of Criminal Procedure, 1973, if his wife refuses to abide by the said decree and return to the matrimonial home. Headnotes† Code of Criminal Procedure, 1973 – s.125(4) – Disqualification under, when not attracted – Wife’s right to maintenance u/s.125, CrPC – Hindu Marriage Act, 1955 – s.9 – Decree for restitution of conjugal rights obtained by respondent No.1-husband – Non-compliance therewith by the appellant-wife

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