Supreme Court of India

Chaturbhuj v Sita Bai

AIR 2008 SC 53020071 min read
The case in brief30-second read
Facts
The wife claimed maintenance under S.125 CrPC. The husband contended that she earned some income and could maintain herself. The trial court, revisional court and High Court found she could not.
Issue
Whether a wife with some income is "unable to maintain herself".
Held
Some income does not rule out S.125. The test is whether the wife can maintain herself in the way she was used to in her husband's home, following Bhagwan v Kamla Devi; she need not be destitute. The concurrent factual findings were not perverse and the appeal was dismissed.
Principle
'Unable to maintain herself' does not mean destitute; the test is whether the wife can maintain herself as she was used to in her husband's home
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Facts

  • The wife claimed maintenance under S.125 CrPC. The husband contended that she earned some income and could maintain herself. The trial court, revisional court and High Court found she could not.

Issue

  1. Whether a wife with some income is "unable to maintain herself".

Held

  • Some income does not rule out S.125. The test is whether the wife can maintain herself in the way she was used to in her husband's home, following Bhagwan v Kamla Devi; she need not be destitute. The concurrent factual findings were not perverse and the appeal was dismissed.

Ratio decidendi

Inability to maintain is judged against the standard of the matrimonial home.

Exam use

How to use it in an answer

Use in problems where the wife earns a modest income.

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Citation

Chaturbhuj v Sita Bai AIR 2008 SC 530

Reported: https://indiankanoon.org/doc/1720873/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.