Gobardhan Pandit vs State Of Bihar & Anr

The Supreme Court addressed the issue of maintenance under Section 125 of the Code of Criminal Procedure, emphasizing that the factum of the wife's second marriage and the legitimacy of her child must be established through evidence. The Court found that the High Court had erred in rejecting the husband's application without considering the evidence regarding the second marriage. Consequently, the appeal was allowed, the impugned order was set aside, and the case was remitted to the trial court for fresh decision, while maintaining the interim maintenance payments until the trial court's decision.