Head Notes

Shamima Farooqui Vs. Shahid Khan, Criminal Appeal Nos.564-565 OF 2015, Judgment Dated: 06.04.2015, Bench: Dipak Mishra & Prafulla C Pant, JJ, Supreme Court Of India [Full PDF Judgment]: Wife’s right to receive maintenance under section-125 Code of Criminal Procedure, 1973, is an absolute right, irrespective of religion: Muslim women are equally entitled for maintenance under Section-125 Cr.P.C.- Upholding a wife’s right to receive maintenance, the division bench of Dipak Misra and P.C. Pant, JJ., held that a wife’s right to receive maintenance under Section 125 of the Code of criminal Procedure, 1973, is an absolute right, unless disqualified. The Court reiterated that grant of maintenance to a wife is a measure of social justice and a husband is under obligation to maintain his wife. He cannot be permitted to plead his inability to do the same due to financial constraint, as long as he is able- bodied and capable of earning.

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