MAJOR ASHOK KUMAR SINGH versus VITH ADDL. SESSIONS JUDGE, VARANASI AND ORS.
The failure of the husband to fulfill sexual obligations amounts to cruelty and is sufficient ground for the wife to live separately and claim maintenance if she is unable to maintain herself. The courts below rightly found the appellant impotent and confirmed the maintenance order.
- Parties
- Appellant: Major Ashok Kumar Singh; Respondent: Mrs. Geeta; Respondent: VJTH Addl. Sessions Judge, Varanasi
- Jurisdiction
- India
- Judgment Date
- 06 September 1995
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Maintenance, Cruelty, Impotence, Marital Relationship
Case Brief
Summary, issues, holding and outcome
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Parties
Major Ashok Kumar Singh
Appellant
Mrs. Geeta
Respondent
VJTH Addl. Sessions Judge, Varanasi
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court
Legal Issues
- 1 Whether husband's impotence and failure to perform marital obligations justify wife's separate residence and entitlement to maintenance under Section 125 of the Code of Criminal Procedure, 1973.
Ratio Decidendi
The failure of the husband to fulfill sexual obligations amounts to cruelty and is sufficient ground for the wife to live separately and claim maintenance if she is unable to maintain herself. The courts below rightly found the appellant impotent and confirmed the maintenance order.
Court Disposition
Appeal dismissed
Orders
- Maintenance of Rs. 500 per month to respondent, Mrs. Geeta, confirmed.
- Respondent entitled to live separately and retain married status.
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