The Court said that as per the settled law, a woman, who has already been married to another person, cannot be treated as a legally-wedded wife of the second husband without divorce from her first husband.
The Jharkhand High Court has stated that if a wife chooses to live separately from her husband without any valid reason, she is not eligible for maintenance under Section 125 (4) of the Code of.
The Allahabad High Court has recently observed that a husband is duty-bound to provide maintenance to his wife u/s 125 CrPC even if has no income from his job and he can earn Rs. 350-400 per day as.
The Allahabad High Court has said even if a husband has no income from a job he is duty-bound to provide maintenance to his wife as he can earn about Rs 300-400 a day as an unskilled labourer.
"The husband is bound to look after wife and children. That is a duty which the law & religion to which the parties belong enjoins the husband with," the Karnataka High Court observed.