Question
Legal Studies Question on Criminal Procedure
Under which of the following situation wife is not entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973?
A
Husband presumes that wife is living in adultery.
B
Voluntarily wife refuses to live with husband.
C
Wife living separately as husband keeps a mistress.
D
Wife is forcefully removed from the house.
Answer
Voluntarily wife refuses to live with husband.
Explanation
Solution
Under Section 125 of the Code of Criminal Procedure, 1973, a wife is not entitled to maintenance if she voluntarily refuses to live with her husband without sufficient reason. However, if she is forced to live separately or if the husband’s conduct is unreasonable, she is entitled to maintenance.