Maintenance to Wife -- Concealment of Subsisting Marriage -- Not entitled to invoke beneficial remedy
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Concealment of Subsisting Marriage -- A party cannot take advantage of her own wrong. Concealment and deceit practised in contracting a marriage vitiates the claim of the wife under this provision. The remedy, though beneficial and secular, enacted to protect a neglected wife, cannot be exercised in favour of a person who acted deceitfully in contracting the marriage itself. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Short Cohabitation -- Cohabitation for a period of little over three months is insufficient to hold that parties lived together as husband and wife for a reasonably long period. Such short duration does not qualify a party for treatment as being in a live-in relationship for purposes of claiming maintenance.
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