Saygo Bai Vs. Chueeru Bajrangi
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Head Note
The Code of Criminal Procedure, 1973 - Section 125
Quantum of maintenance - Wife deserted by husband - Filing application for maintenance in 1990 - Lower Courts rejected the claim - Supreme Court allowed the application and set aside findings of lower court - Twenty years passed by then - Supreme Court itself determined the amount of maintenance instead of remanding the matter to lower courts and granted maintenance of Rs. 1500/- p.m. from dated of application.
The Code of Criminal Procedure, 1973 - Section 125
Wife living in matrimonial house of husband in a village - Husband working as Police constable and posted at a different place - Husband contracted second marriage and stopped visiting matrimonial house and threw her first wife out from matrimonial house - Wife entitled to live separately and claim maintainence - Wife had not forsaken the company of her husband without any reason.
The Indian Evidence Act, 1872 - Section 18 , Section 19
Admission - Appreciation of evidence - The Court must read whole evidence - One stray admission cannot be read in isolation with the other evidence.
Topic(s)-Quantum of Maintenance , Appreciation of Evidence
Important Decision(s)-
- Wife entitled to live separately and claim maintainence.
- Sec. 125 of CrPC - Remanding the matter to lower courts and granted maintenance of Rs. 1500/- p.m. from dated of application.