AHILYABAI vs MEHARWAN SINGH

The Supreme Court held that under Section 125 of the Code of Criminal Procedure, a wife is entitled to maintenance even if she refuses to live with her husband, provided the husband has contracted a second marriage, as per the explanation to Sub-section 3 of Section 125. The Court found that the High Court erred in not recognizing the wife's entitlement to maintenance despite her refusal to cohabit. Consequently, the Supreme Court restored the Magistrate's order granting maintenance, allowing the appeal.