ALSO READStates not spending govt funds for urban homeless shelters: SC In a first, SC collegium decides to upload all decisions on website Do you want to destroy Taj Mahal: SC asks govt SC reserves verdict on plea challenging exemption to sex in child marriage Full text of the SC judgment: Now, sex with minor wife is a crime
During the proceedings before the top court, the advocate appearing for the man had argued that she was not entitled for any maintenance and there was already a decree of judicial separation in the case.
"We are noting this argument only to reject it since we find no substance in this argument. If a divorced wife is entitled for maintenance, there is no reason why a wife who is judicially separated is not entitled for maintenance," the bench said in its order.
The bench said it was unable to subscribe to the high court's view that merely because the lower court had not given a finding that the woman was not able to look after herself, she was not entitled for maintenance.
"The high court is required to look into the question whether the petitioner (woman) is entitled to maintenance or not and, if so, the quantum of maintenance," it said.
The woman's counsel told the apex court that she had not been paid any maintenance for the last nine years.
The bench requested the high court to "keep this in mind" while deciding the petition.
The woman had filed a plea before the lower court seeking maintenance under provision of the Code of Criminal Procedure.