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september 1981

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.

SIRAJMOHMEDKHAN JANMOHAMADKHAN vs HAFIZUNNISA YASINKHAN & ANR. · Niyam