GURMIT KAUR vs SURJIT SINGH @ JEET SINGH

The Supreme Court held that under Section 125 of the Code of Criminal Procedure, 1973, a wife is entitled to maintenance unless living separately by mutual consent during the subsistence of marriage. The Court found that the divorce agreement validated the end of marital relations, allowing the appellant to claim maintenance. The Court set aside the lower courts' orders and confirmed the Magistrate's award of Rs.200/- per month to the appellant and Rs.150/- to the minor son for maintenance.