Dr. Swapan Kumar Banerjee v. The State of West Bengal & Anr., Criminal Appeal No(s). 232-233 of 2015

Issue –

1. Whether a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC)?
2. Whether a presumption can be made in regards to the earning of the wife being sufficient to support herself?

Held –

1. Supreme Court in this present case, where the wife has been divorced by his husband on the ground of Desertion, will be entitled of Maintenance under section 125 of CrPC.
2. It is upon the wife to decide, when she feels comfortable to file a petition for grant of Divorce.
3. There can be no presumption that the wife is earning sufficient amount to support herself.

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