Maintenance can not be denied on the ground of exparte decree for restitution of conjugal rights against wife
2012 CRI.L.J.2815 (GAUHATI HIGH COURT ) (AGARTALA BENCH) S. TALAPATRA, J.
Smt. Pinki Das (Sarkar) V. Swapan Sarkar. Cri. Revn. P.No.86 of 2009 D/- 23.4.2012.
Criminal P.C. (2 of 1974), S.125 (4) Maintenance-- Entitlement to Wife living separately from husband as husband was having illicit relationship with his aunt --Husband not ready to forgo that relationship--In such situation, wife's living separately from husband would not disentitle her from maintenance--Exparte decree for restitution of conjugal right would also not create an absolute bar for passing or sustaining an order of maintenance. (Paras 18,19,20,23).
