CrPC, S. 125, Wife entitled to maintenance even if she unilaterally granted divorce to her husband

Criminal Procedure Code, 1974,  Section 125  – Courts below refused to grant maintenance in favour of the petitioner wife on the ground that the she unilaterally granted divorce to her husband and her conduct was not inspiring and she was not considered to be a destitute as she wilfully neglected her husband – Law is absolutely settled that even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself – The impugned order does not suggest any finding as to whether the petitioner was able or unable to maintain herself or not independently – Order set aside.

2021 SCeJ 931 (Cal.)