Supreme Court · 2025 INSC 55 · Decided 9 January 2025
Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Another
- Court
- Supreme Court of India
- Citation
- 2025 INSC 55 · [2025] 1 S.C.R. 462
- Case number
- CRIMINAL APPEAL No. 161/2025
- Decided
- 9 January 2025
- Bench
- SANJIV KHANNA, SANJAY KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- BSA Section 34; CrPC Section 125(4), 125; CPC; Evidence Act Section 40; Hindu Marriage Act Section 9
Headnote
Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4), Code of Criminal Procedure, 1973, if his wife refuses to abide by the said decree and return home. Code of Criminal Procedure, 1973 - s.125(4) - Disqualification under, when not attracted - Wife's right to maintenance u/s.125, CrPC - Hindu Marriage Act, 1955 - s.9 - Decree for restitution of conjugal rights obtained by
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