Q: Discuss Section 125(4) of Cr.P.C along with case law ?

Ans: According to Section 125(4) of Cr.P.C, no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she denies to live with her husband, or if the couples are living separately by mutual consent. 

It is very well explained in the case Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000 by the Supreme court of India. 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 denied 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. assumes the existence of marriage. The provision would be applicable where the marriage between the parties exists and not where the divorce has been taken by any spouse.

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