Ans: During a case of Supreme Court of Rohtash Singh Vs Smt. Ramendrei & Ors. on 02-03-2000, it was held that Wife is not entitled to maintenance who deserted her husband. The Hon’ble Supreme Court held that under this provision, a wife is not entitled to any Maintenance relief from her husband if she is living in adultery or if she has denies to live with her husband without any sufficient cause or if the couple is living separately by mutual consent. Thus, the entire situation contemplated by Sub-section (4) of Section 125 Cr. P.C presupposes the existence of marriage. The provision would be applicable where the marriage between the parties exists as well as the divorce has not been taken by any spouse. Taking the three scenarios individually, it will be noticed that the first scenario on account of which a wife is not entitled to claim Maintenance relief from her husband is that she is living in adulterous life. Now, adultery is the sexual involvement of two...
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