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In which case did the Supreme Court favour a broad reading of ‘wife’ in section 125 of the Code of…

In Chanmuniya v. Virendra Kumar Singh Kushwaha, the Bench favoured reading ‘wife’ broadly for section 125 maintenance where a couple had lived as husband and wife for a…

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In which case did the Supreme Court favour a broad reading of ‘wife’ in section 125 of the Code of Criminal Procedure, 1973 for long-term marriage-like cohabitation and refer the issue to a larger Bench?

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Answer and explanation

Correct answer C

In Chanmuniya v. Virendra Kumar Singh Kushwaha, the Bench favoured reading ‘wife’ broadly for section 125 maintenance where a couple had lived as husband and wife for a reasonably long period. It referred the questions to a larger Bench. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding current maintenance provision.

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Option A

Vimala v. Veeraswamy addressed proof of a subsisting first marriage when a husband contested a maintenance claim on that basis.

Option B

Savitaben Somabhai Bhatiya took a narrower approach to the meaning of ‘wife’ under section 125.

Option C

Chanmuniya favoured a broad reading for long-term marriage-like cohabitation and referred the maintenance questions to a larger Bench.

Option D

Manoj Yadav v. Pushpa concerned enhanced maintenance and a Madhya Pradesh amendment. The larger-bench reference described here was made in Chanmuniya.

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