Sushil Kumari Dang vs Prem Kumar (2004)
Relevant Court:Supreme Court of India
Facts: Sushil Kumari Dang filed a petition seeking divorce and maintenance from her husband, Prem Kumar. The couple had separated, and she claimed that her husband had failed to provide financial support. The dispute primarily revolved around the issue of maintenance after divorce. Sushil sought to establish her right to maintenance under Section 125 of the Criminal Procedure Code (CrPC), which mandates that a wife is entitled to maintenance after divorce. However, the validity of the marriage itself was disputed by her husband, who contended that the marriage was invalid and, therefore, maintenance should not be granted. The case explored the issue of whether a wife is entitled to maintenance even when the marriage is contested and whether Section 125 CrPC applies in such circumstances.
Citation:(2004) 2 SCC 233
Issues:
● Whether a wife is entitled to maintenance even if the validity of the marriage is disputed.
● Whether mutual consent is required for divorce under Hindu law.
● Whether Section 125 CrPC applies to grant maintenance even if the marriage is contested.
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 the wife is entitled to maintenance under Section 125 CrPC, irrespective of the validity of the marriage, as long as a relationship akin to marriage can be established. The Court emphasized that the welfare of the wife should be ensured, and she should not be left destitute after divorce. The judgment reinforced that mutual consent for divorce was not required and that the wife had the right to seek maintenance under the provisions of the CrPC.
-Harinya
Saveetha School of Law
Comments