BEGUM SUBANU ALIAS SAIRA BANU & ANR. vs A.M. ABDUL GAFOOR

The Supreme Court held that under Section 125 of the Code of Criminal Procedure, 1973, a Muslim wife has the right to live separately and claim maintenance if her husband marries another wife. The Court clarified that the husband's offer to take back the wife does not absolve him of his maintenance obligations. The ruling emphasized that the second marriage of the husband creates a new ground for the wife to seek maintenance, reinforcing her rights under the law, and thus allowed the appeal for maintenance.