In Brief
This case addresses whether a divorced wife, whose marriage was dissolved on grounds of her desertion, can claim maintenance under the criminal procedure code. The Supreme Court held that she can. Although the law allows exceptions to maintenance for wives who refuse to live with their husbands, this exception does not apply after divorce, since the marriage relationship has ended. A husband cannot divorce his wife for desertion and then deny her maintenance by claiming she refuses post-divorce cohabitation. The wife's decision to claim maintenance is her prerogative, and her educational qualifications cannot presumptively bar her claim absent actual evidence of her income. The appeals were dismissed.
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