Supreme Court · 1999 INSC 286 · Decided 22 July 1999
Rajathi v. C. Ganesan
- Court
- Supreme Court of India
- Citation
- 1999 INSC 286 · [1999] 3 S.C.R. 1047
- Case number
- CRIMINAL APPEAL No. 687/1999
- Decided
- 22 July 1999
- Bench
- S. SAGHIR AHMAD, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 494; CrPC Section 125(3), 125(J)(a), 125, 482
Headnote
Criminal Law : Criminal Procedure Code, 1973 : Section 125(3) Explanation to Second Proviso-Husband lived with another woman-Wife/ailed to prove his second marriage under S.494 !PC­ Held : Under such circumstances, wife entitled to live separately. A B c Section 125(3) Explanation to Second to plead as to since when she was living separately-­ This not a relevant consideration. Section 125(J)(a)-Expression "unable to maintain herself'-Meaning of-Held: Would mean the means available to the wife while she was living E with her husband and not after her desertion-Onus on the
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