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january 2025

Supreme Court of India · 2025-01-10

Rina Kumari @ Rina Devi @ Reena vs Dinesh Kumar Mahto @ Dinesh Kumar Mahato

Court
Supreme Court of India
Petitioner
Rina Kumari @ Rina Devi @ Reena
Respondent
Dinesh Kumar Mahto @ Dinesh Kumar Mahato
Author
Sanjay Kumar
Bench
Sanjay Kumar

Judgment text excerpt

The Supreme Court examined whether a husband who obtains a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, is exempt from paying maintenance if the wife refuses to return to the matrimonial home. The Court considered the interpretation of Section 125(4) of the Criminal Procedure Code, 1973, in this context. It upheld the view that the husband's obligation to pay maintenance persists if the wife refuses to comply with the decree for restitution of conjugal rights. The judgment clarifies the legal position regarding maintenance obligations in such scenarios.

Rina Kumari @ Rina Devi @ Reena vs Dinesh Kumar Mahto @ Dinesh Kumar Mahato · Niyam