Supreme Court of India · 1981-09-14
SIRAJMOHMEDKHAN JANMOHAMADKHAN vs HAFIZUNNISA YASINKHAN & ANR.
- Citation / case number
- SC 1981/63823
- Court
- Supreme Court of India
- Petitioner
- SIRAJMOHMEDKHAN JANMOHAMADKHAN
- Respondent
- HAFIZUNNISA YASINKHAN & ANR.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that the impotence of the husband constitutes a just ground for the wife to refuse to live with him under Section 125(3) of the Code of Criminal Procedure, 1973. The Court emphasized that proved impotence and inability to fulfill marital obligations amount to legal and mental cruelty, thereby entitling the wife to maintenance. The appeal was dismissed, affirming the High Court's decision to grant maintenance based on the husband's means.