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A husband obtains a divorce decree on the ground of his wife’s desertion. What effect does that ground,…

The Explanation to section 144(1) includes a divorced woman who has not remarried. In Rohtash Singh v. Ramendri, the Supreme Court held under the corresponding former…

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A husband obtains a divorce decree on the ground of his wife’s desertion. What effect does that ground, by itself, have on her claim for maintenance as a divorced wife under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer A

The Explanation to section 144(1) includes a divorced woman who has not remarried. In Rohtash Singh v. Ramendri, the Supreme Court held under the corresponding former provision that a desertion decree does not itself bar maintenance after divorce. The claim still depends on inability to maintain herself and neglect or refusal by a former husband who has sufficient means.

Option feedback

Option A

A divorce on the ground of desertion does not itself defeat the claim.

Option B

The restriction on refusing to live with a husband without sufficient reason presupposes a subsisting marriage.

Option C

Pleading the prior desertion does not itself defeat a divorced wife’s claim.

Option D

The fact that the decree was contested or made ex parte does not determine statutory eligibility.

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