Judicially Separated Wife Is Also Entitled To Maintenance

The Supreme Court opined on the question of maintenance to a judicially separated wife that “The Court is required to look into the question whether the petitioner is entitled to maintenance or not and, if so, the quantum of maintenance. Since the High Court had misdirected itself on the issues before us, we set aside the impugned judgment and order. Also, that merely because the Trial Court has not given a finding that the petitioner is not able to look after herself, therefore, she is not entitled for maintenance, has no substance.”

The Apex Court was entertaining a SLP filed by the petitioner in the matter Sanju Devi v. State of Bihar & Anr. for maintenance under Section 125 of the Code of Criminal Procedure, 1973. 


The petitioner’s maintenance application under Section 125 of the Code of Criminal Procedure, 1973 was challenged by disputing the fact and law that when there is already a decree of judicial separation and in view of Section 125(4) of the Code of Criminal Procedure, 1973, the petitioner is not entitled to any maintenance.


If a divorced wife is entitled for maintenance, there is no reason why a wife who is judicially separated is not entitled for maintenance.