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Issues Involved:
The judgment involves the wife's appeal against the order depriving her of maintenance granted under Section 125 of the Criminal Procedure Code. Details of the Judgment: 1. The wife filed a petition under Section 125 claiming maintenance from her husband, who neglected to maintain her adequately. The Judicial Magistrate granted maintenance at &8377; 200 per month, which was challenged by the husband in revision but upheld by the Sessions Judge. 2. The husband then filed a petition under Section 482 in the Madras High Court, which set aside the maintenance order. The Supreme Court noted that Section 125 proceedings are summary in nature, providing relief to those unable to maintain themselves, with a maximum of &8377; 500 per month for the wife if the husband neglects or refuses to maintain her. 3. The High Court's decision was based on the wife's alleged refusal to live with her husband due to his second marriage. However, the Supreme Court emphasized that the husband living with another woman justified the wife's refusal to live with him, as per the proviso to Section 125(3). The burden of proof lies on the husband to show his inability to maintain his wife. 4. The Supreme Court also referenced the Hindu Adoption and Maintenance Act, which outlines conditions justifying a Hindu wife's claim for maintenance, including cruelty, abandonment, or the husband's remarriage. The Court criticized the High Court for not considering these provisions while assessing the wife's claim. 5. The Supreme Court clarified that the High Court's use of inherent powers under Section 482 was unjustified, as it overstepped the limitations of such powers. The Court highlighted that the High Court's detailed examination of evidence was unnecessary in a maintenance case under Section 125, where a prima facie view suffices. 6. Ultimately, the Supreme Court allowed the wife's appeal, setting aside the High Court's order and awarding costs to the appellant. The judgment emphasized the husband's obligation to maintain his wife and the need for courts to adhere to statutory provisions while deciding maintenance cases.
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