In Brief
A wife who is judicially separated sought maintenance of Rs. 4,000 per month under Section 125 of the Criminal Procedure Code. The Trial Court granted it, but the High Court set aside the order, reasoning that the Trial Court had not explicitly found the wife unable to support herself. The Supreme Court held that a judicially separated wife has the same right to maintenance as a divorced wife, and the High Court must examine both entitlement and quantum, not merely the absence of an express finding. The judgment was set aside and remanded for fresh consideration, with direction that nine years of unpaid maintenance be considered.
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