Supreme Court · 1981 INSC 164 · Decided 14 September 1981

Sirajmohmedkhan Janmohamadkhan v. Hafizunnisa Yasinkhan & ANR.

Court
Supreme Court of India
Citation
1981 INSC 164 · [1982] 1 S.C.R. 695
Case number
CRIMINAL APPEAL No. 602/1981
Decided
14 September 1981
Bench
S. MURTAZA FAZAL ALI, A.P. SEN (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 125(3)

Headnote

Code of Criminal Procedure, 1973-Section 125(3)-Scope of-Husband's irppotence to have sexual ft!lations with his wife-Whether a just ground for grant of maintenance to the wife. C The respondent was the appellant's wife. Jn her petition under section 125(3) Criminal Procedure Code, 1973 for grant that the appelJant was impotent and was incapable of having sexual relations with his wife. But the Magistrate refused to grant maintenance to her on the ground that the husband's .impotence was not a just cause for her refusal to live with the husband. Holding that impotence of the

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