Q: Discuss the citation of Rohtash Singh Vs Smt. Ramendrei & Ors. on 02-03-2000 ?

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 persons and either of whom is married to a third person. This clearly supposes the existence of marriage between the couple and if during the existence of marriage, the wife lives in adultery, she cannot claim Maintenance relief under Section 125 Cr.P.C. The second ground on which she would not be entitled to Maintenance relief is the ground of her denial to live with her husband without any sufficient cause. This also presupposes the existence of marital relations between the couples. If the marriage exists, the wife is under a legal as well as moral obligation to reside with her husband and to fulfil the marital obligations. The wife cannot, without any sufficient cause, refuse to live with her husband.