Supreme Court of India · 1996-04-03
SMT. KANCHAN DEVI vs PROMOD KUMAR MITTAL
- Citation / case number
- SC 1988/69865
- Court
- Supreme Court of India
- Petitioner
- SMT. KANCHAN DEVI
- Respondent
- PROMOD KUMAR MITTAL
- Author
- A.S. ANAND
- Bench
- A.S. ANAND
Judgment text excerpt
The Supreme Court upheld the application of Section 125 Cr.P.C. for maintenance, emphasizing that a wife is entitled to maintenance irrespective of the husband's refusal to pay. The Court noted that the compromise reached by the parties regarding maintenance was not valid as it was made under duress. The Court set aside the High Court's order quashing the trial court's restoration of the maintenance application, reaffirming the wife's right to seek maintenance and the necessity of proper judicial process in such matters.