Bharatiya Nagarik Suraksha Sanhita, 2023
Section 144 (Sec. 125 of CrPC)—Maintenance to Muslim wife—A Muslim husband who contracted a second marriage during the subsistence of his first marriage cannot contend that he has no means to maintain his first wife—Fact that the husband has a second wife and is liable to maintain her cannot be a factor in denying maintenance to the first wife or reducing the quantum of maintenance she is entitled to.
[Para 10]
Section 144 (Sec. 125 of CrPC)—Maintenance to wife—Entitlement—Contention that since the son provides maintenance to the mother, she cannot claim maintenance from husband—Unsustainable—A mother can claim maintenance from her husband even if her children are maintaining her—Fact that the son or daughter of a woman has sufficient means and provides maintenance to her would not absolve the husband of his independent statutory obligation under Section 144(1)(a) of the BNSS (Section 125(1)(a) of CrPC) to support his wife if she needs it.
[Para 11]
Section 144(4) (Sec. 125(4) of CrPC)—Maintenance to Muslim wife—Entitlement—Husband contended that wife left his company, refused to live with him without any sufficient reason and hence is not entitled to maintenance—Evidence on record would show that the wife live separately with her son, and the husband lives separately with his second wife—A Muslim wife who resides separately from her husband on his contracting a second marriage is not disentitled from claiming her statutory right of maintenance under CrPC/BNSS—Wife held entitled to maintenance from her husband.
[Paras 12 & 13]