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september 1995

Supreme Court of India · 1995-09-06

MAJOR ASHOK KUMAR SINGH vs VITH ADDL. SESSIONS JUDGE, VARANASI &ORS

Citation / case number
SC 1991/78196
Court
Supreme Court of India
Petitioner
MAJOR ASHOK KUMAR SINGH
Respondent
VITH ADDL. SESSIONS JUDGE, VARANASI &ORS
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the decision of the lower courts granting maintenance to the respondent under Section 125 of the Code of Criminal Procedure, 1973, based on the finding that the appellant was impotent and had neglected to maintain his wife. The Court reiterated that impotence constitutes a valid ground for a wife to refuse cohabitation and seek maintenance, thus affirming the entitlement of the respondent to live separately and receive financial support. The appeal was dismissed, confirming the High Court's order.

MAJOR ASHOK KUMAR SINGH vs VITH ADDL. SESSIONS JUDGE, VARANASI &ORS · Niyam