In Brief
Sanju Devi, a judicially separated woman, sought maintenance of Rs. 4,000 per month under section 125 of the Code of Criminal Procedure. The Trial Court granted this amount, but the High Court set it aside on finding that the Trial Court had not explicitly stated that the petitioner was unable to fend for herself. The Supreme Court held that the High Court misdirected itself by imposing this technical requirement. The Court clarified that judicially separated wives have the same maintenance rights as divorced wives, and the High Court must independently assess entitlement and quantum without being bound by the Trial Court's articulation of findings. The matter was remanded to the High Court for fresh consideration, with the Court directing it to account for nine years of unpaid maintenance.
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