BAI TAHIRA A vs ALI HUSSAIN FISSALLI CHOTHIA AND ANR.

The Supreme Court held that under Section 125 of the Code of Criminal Procedure, 1973, a divorced woman is entitled to maintenance regardless of a prior consent decree that settled other claims. The Court clarified that the absence of mutual consent to live separately does not negate the husband's obligation to maintain his divorced wife, as the divorce itself implies neglect. The ruling emphasized that the statutory right to maintenance under Section 125 cannot be overridden by previous agreements made before the enactment of the Code.