Ankush Narayan vs Janabai (2006)
Relevant Court:Supreme Court of India
Facts:Ankush Narayan, the appellant, filed an appeal against a judgment of the Bombay High Court in a matrimonial dispute. Janabai, the respondent, had filed for maintenance under Section 125 of the Criminal Procedure Code (CrPC). The appellant contested that Janabai was not entitled to maintenance as they had already been legally separated and that she had no claim over his income. However, the issue at hand was whether, despite the separation, Janabai, as the wife, could claim maintenance under Section 125 CrPC, even if she was not residing with him. The case explored whether the appellant’s failure to maintain Janabai violated the provisions under Section 125, which mandates that a wife is entitled to maintenance even if she is living separately, provided there is no sufficient cause for the separation.
Citation:(2006) 4 SCC 137
Issues:
Whether the wife, living separately from her husband, is entitled to maintenance under Section 125 CrPC.
Whether the absence of cohabitation affects a wife’s right to maintenance.
Whether maintenance should be paid even if the wife is living independently.
Relevant Articles:
Article 14 – Right to equality before the law.
Article 21 – Right to life and personal liberty.
Section 125 CrPC – Maintenance of wife, children, and parents.
Judgment: The Supreme Court ruled that a wife is entitled to maintenance under Section 125 CrPC even if she is not residing with her husband, as long as the husband has not provided sufficient cause for their separation. The Court emphasized that the right to maintenance is a fundamental right for a wife and must be ensured unless the wife has caused the separation without reasonable grounds. The Court upheld the principle that a wife cannot be left destitute and that the obligation to maintain her arises regardless of whether they live together or separately
-Harinya
Saveetha School of Law
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