Bombay High Court
Gulam Jilani
Versus
Sahera Bano
Decided On:

Headnote:Section 125 - Claim of maintenance by wife-Ground of cruelty of husband -Husband pleaded desertion- Decree of restitution of conjugal rights granted to husband but wife did not join-Husband remarried second woman-Maintenance granted to wife and miner child-Revision flied-Held, wife has no right to get maintenance simply on ground that husband married another women.

       The learned Magistrate, was, therefore; wrong in coming to the conclusion that because of the second marriage of the husband the wife gets as a statutory right to claim maintenance; In fact the wife by deserting the husband has herself surrendered the right of maintenance which was vested in her the order passed by the learned Magistrate granting maintenance of Rs. 80/- per month to his wife, therefore, cannot be sustained.

       For Citation : (1989) 1 DMC 245 at p. 247