Maintenance to Wife -- Divorce on Desertion -- Divorced wife until she remarries can claim maintenance from date of divorce
(i) Criminal Procedure Code, 1973, S.125(1), Explanation (b) -- Maintenance to Wife -- Divorce Decree on Ground of Desertion -- Disqualifications in Section 125(4) presuppose a subsisting marriage and cease to apply once the marriage is dissolved -- Divorced woman continues as wife for this purpose until she remarries or can maintain herself -- She can claim maintenance from the date of divorce, even if the decree was passed on ground of desertion by her. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Minor Son Receiving Deduction from Salary of Father -- Child is entitled to maintenance from the date of application till majority -- Period for which maintenance was received through army authorities is excluded.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
