DARSHAN PRASHAD vs CIVIL JUDGE II

The Supreme Court held that under Section 5(3) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, the land owned by a wife living separately from her husband cannot be excluded from the husband's ceiling area unless she has obtained a decree for judicial separation. The Court clarified that the term 'judicially separated' in Section 3(7) does not include a wife merely living separately without such a decree. The appeals were dismissed, affirming the inclusion of the wife's land in the husband's ceiling area determination.