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.