DR. SWAPAN KUMAR BANERJEE vs THE STATE OF WEST BENGAL

The Supreme Court addressed whether a divorced wife, who was divorced on the grounds of desertion, is entitled to maintenance under Section 125 of the Cr.P.C. The court clarified that the definition of 'wife' under Section 125 includes a divorced woman who has not remarried. However, it emphasized that a wife who has deserted her husband cannot claim maintenance if she is living separately without sufficient reason. The court ultimately ruled that the entitlement to maintenance is contingent upon the circumstances of the separation.