GOBARDHAN PANDIT vs STATE OF BIHAR

The Supreme Court addressed the issue of maintenance under Section 125 of the Code of Criminal Procedure, holding that the factum of the wife's second marriage and the legitimacy of her child must be examined with evidence. The Court set aside the High Court's order rejecting the husband's application to terminate maintenance, remitting the case to the trial court for a fresh decision. The Court directed that maintenance payments continue until the trial court resolves the matter, emphasizing the need for a prompt decision.