• Sunita Kachwaha & Ors. Vs. Anil Kachwaha

  • Head Notes

    • The proceeding under Section 125 Cr.P.C. is summary in nature: The proceeding under Section 125 Cr.P.C. is summary in nature. In a proceeding under Section 125 Cr.P.C., it is not necessary for the court to ascertain as to who was in wrong and the minute details of the matrimonial dispute between the husband and wife need not be gone into. While so, the High Court was not right in going into the intricacies of dispute between the appellant-wife and the respondent.- Inability to maintain herself is the pre-condition for grant of maintenance to the wife.- The wife must positively aver and prove that she is unable to maintain herself, in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her.- Merely because the wife was earning something, it would not be a ground to reject her claim for maintenance. Citation: Sunita Kachwaha & Ors. Vs. Anil Kachwaha, Criminal Appeal No. 2310 of 2014 arising out of SLP (CRL.) No. 2659/2012, Order Dated: October 28, 2014, Bench: T S Thakur & R. Banumathi, JJ [Full PDF Judgment].
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