New Delhi, Dec 7 (PTI) A judicially separated wife isentitled to maintenance as a divorced wife and there is noreason to deny it to her, the Supreme Court has said.
The apex court observed this while dealing with a woman'splea challenging the Patna High Court's 2014 verdict which hadsaid that she was not entitled for maintenance.
The high court's order had come on a petition filed byher husband who had challenged a trial court order awardingmaintenance of Rs 4,000 per month to the woman.
A bench of Justices Madan B Lokur and Deepak Gupta setaside the high court's order and remanded the matter to it forfresh consideration.
During the proceedings before the top court, the advocateappearing for the man had argued that she was not entitled forany maintenance and there was already a decree of judicialseparation in the case.
"We are noting this argument only to reject it since wefind no substance in this argument. If a divorced wife isentitled for maintenance, there is no reason why a wife who isjudicially separated is not entitled for maintenance," thebench said in its order.
The bench said it was unable to subscribe to the highcourt's view that merely because the lower court had not givena finding that the woman was not able to look after herself,she was not entitled for maintenance.
"The high court is required to look into the questionwhether the petitioner (woman) is entitled to maintenance ornot and, if so, the quantum of maintenance," it said.
The woman's counsel told the apex court that she had notbeen paid any maintenance for the last nine years.
The bench requested the high court to "keep this in mind"while deciding the petition.
The woman had filed a plea before the lower court seekingmaintenance under provision of the Code of Criminal Procedure.
PTI ABA SJK RKSARC.
This is unedited, unformatted feed from the Press Trust of India wire.