Breaking Supreme Court Legal Update
New Delhi · Thursday, 30 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2025-01-10 allowed

Rina Kumari @ Rina Devi @ Reena vs Dinesh Kumar Mahto @ Dinesh Kumar Mahato

Bench: 2 — Sanjiv Khanna, Sanjay Kumar

In Brief

A wife's refusal to comply with a court decree requiring her to live with her husband does not automatically strip her of maintenance rights under Section 125 of the Criminal Procedure Code. The Supreme Court held that whether maintenance should be granted must be determined case-by-case based on the wife's actual reasons for staying away. Here, the wife had valid grounds: her husband's callousness during her miscarriage, denial of basic facilities, and emotional neglect. Courts cannot simply rely on a restitution decree as conclusive proof; they must independently assess whether the wife had justifiable cause to refuse cohabitation.

The lawyer headnote and full judgment text are available to registered users.

Maintenance and Family Support Marriage Law Restitution of Conjugal Rights Criminal Procedure Women's Rights Constitutional Law Evidence

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login