Supreme Court · 1995 INSC 541 · Decided 6 September 1995
Major Ashok Kumar Singh v. Vith ADDL. Sessions Judge, Varanasi and ORS.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 541 · [1995] SUPP. 3 S.C.R. 364
- Case number
- CIVIL APPEAL No. 8310/1995
- Decided
- 6 September 1995
- Bench
- K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 125; Constitution Article 226
Headnote
Code of Oiminal Procedure, 1973 : S.12~Maiiitenance-Wife's petition fo~Husband impotent and neglecting the wife-Wife unable to maintain herself-Held, husband's failure to pe1f onn sexual obligation would be perpetual agony for wife to continue to live in peace in conjugal lwme--Ouely being a be justified to live separately and entitled to main­ tenance. The appellant and respondent No. 2 were husband and wife. The marriage was solemnised in 1981. In 1987, the respondent filed a petition under s.125 of the Code of Criminal procedure 1973 claiming maintenance and separate
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