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april 1996

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.

SMT. KANCHAN DEVI vs PROMOD KUMAR MITTAL · Niyam