Manik Kutum vs Julie Kutum

The Supreme Court held that the Gauhati High Court erred in remanding the maintenance application under Section 125 of the Code of Criminal Procedure, 1973 to the Sub-Divisional Judicial Magistrate (SDJM) after finding that the respondent-wife is the legally wedded wife of the appellant-husband. The Court emphasized that since the High Court had already established the marital status, it should have fixed the maintenance amount directly rather than requiring further inquiry. The Court modified the High Court's order and determined the maintenance payable to the respondent-wife, considering her lack of independent income.