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(Guest)

A natural physical disability will not be covered by the exp

 

A natural physical disability will not be covered by the expression 'neglect to maintain'. under s.125 CRPC

 
Circumstances may arise when the court may consider that it would not be proper for the wife to live with her husband and then the wife may be permitted to live separate and yet claim maintenance. All such grounds have reference to the comfort and safety of the wife. Conjugal relations are hardly relevant to the order for maintenance under .Section 488. A wife is not entitled to live apart from her husband and claim maintenance on the ground that her husband is impotent and unable to perform Ms marital duties.
 Even here it may be noticed that cessation of marital intercourse, which is mentioned above, is not the same condition as inability to indulge in s*x activities due to impotency. The idea indicates that even though the husband is capable of satisfying the s*xual desire of his wife he deliberately refrains to do so in order to cause her anguish and mental pain. Such is not the case here. Assuming now for the purpose of argument that Bundoo was physically incapable of satisfying the s*xual desire of his wife, it cannot be said that this inability amounted


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