Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-MAT-Nov-3

Saygo Bai Vs. Chueeru Bajrangi

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.







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