Q: Discuss the citation of AjithKumar V. Simmi on 5th December, 2006 ?

Ans: In case Ajithkumar vs Simmi on 5 December, 2016, Madras High Court opined that the findings in Rohtash Singh case has been adhered to in Parvatevva @ Roopa case and in Mathialagan case by the Karnataka and the Madras High Courts.

In the light of the view expressed by the Hon'ble Supreme Court in para 12 of its judgment in  Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000, the Madras High Court held that the wife is disentitled to claim maintenance from August, 2006 to 8.7.2016. So from the above, it is cleared that if wife refuses to live with husband without any sufficient reason and the marriage between the couple subsists or no divorce has been granted to the couple and the wife can be denied to claim maintenance from her husband and can be barred through section 125(4) Cr.P.C.

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