Advocates:
Advocate Appeared:
For the Appellant : Mr. Debal Banerjee, Sr. Adv. Mr. Amit Pawan, AOR Mr. Abhishek Amritanshu, Adv. Mr. Anand Nandan, Adv. Mr. Akshat Srivastava, Adv. Mr. Hassan Zubair Waris, Adv. Mr. Rohit Rajershi, Adv.
For the Respondent: Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Mandhanda, Adv. Ms. Kajal Dalal, Adv. Mr. Naveen Kumar, Adv. M/S. Plr Chambers And Co., AOR Mr. Sudip Sanyal, Adv. Mr. Arun K. Sinha, AOR Mr. Sinha Shrey Nikhilesh, Adv. Mr. Nayon Dubey, Adv. Mr. Rakesh Singh, Adv.

Certainly. Based on the provided legal document, here are the key points:

1. A wife who has been divorced on the ground of desertion is still entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (!) (!) .

2. The absence of a petition for maintenance during the pendency of matrimonial proceedings does not bar the wife from filing such a petition later (!) .

3. The definition of "wife" in Section 125(2) includes a woman who has been divorced by her husband and has not remarried, which extends the entitlement to maintenance even after divorce (!) .

4. The specific provision that no wife shall be entitled to maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent, applies only to women who are still in a marital relationship, not to divorced women (!) (!) .

5. Once a divorce decree is granted, the relationship of marriage ends, and the woman is no longer under obligation to live with her former husband. However, she retains the right to claim maintenance as a divorced woman (!) (!) .

6. The deeming fiction of a divorced woman being treated as a wife for the purpose of maintenance is limited to the context of entitlement to claim maintenance and does not imply an obligation to live with the ex-husband (!) .

7. The fact that a wife did not file a maintenance petition during the matrimonial proceedings or while living separately does not preclude her from filing such a petition afterward (!) .

8. The court emphasizes that the husband's income alone cannot be presumed to determine the wife's income; evidence must be led to establish her earning capacity. In the absence of such proof, no presumption can be made that she has sufficient income to support herself (!) (!) .

9. The court dismissed the appeals, affirming that the wife is entitled to maintenance despite her divorce on grounds of desertion and her not having filed a maintenance petition earlier (!) (!) .

10. The decision clarifies that the entitlement to maintenance for a divorced woman is independent of her remarriage status and that the legal provisions support her right to claim maintenance even after divorce (!) .

Please let me know if you need further assistance or specific legal interpretations.