SWAPAN KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The short question raised in these appeals is whether a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.).

(2.) We may refer to the relevant portion of Section 125 of the Code of Criminal Procedure:-

(3.) It is the contention of Mr. Debal Banerjee that in terms of sub-section (4), no wife, who has deserted her husband can claim maintenance under Section 125 of the Cr.P.C. His further submission is that since in terms of the explanation wife includes a divorced woman, therefore, even a wife who has been divorced on the ground of desertion would not be entitled to maintenance in view of sub-section (4). Mr. Debal Banerjee has very candidly placed before us three judgments of this Court which take a view contrary to the one being canvassed by Mr. Banerjee before us.