Maintenance--Acquittal Under Section 498A IPC--Acquittal in Criminal Proceedings Not a Ground to Deny Maintenance Under Section 125 CrPC
Acquittal of a husband in a prosecution under Section 498A of the Indian Penal Code is not a ground to deny maintenance to the wife or minor child under Section 125 of the Code of Criminal Procedure. Section 125(4) CrPC, which enumerates the only exceptions disentitling a wife from maintenance, does not include acquittal in criminal proceedings as a disqualifying ground. Entitlement to maintenance requires proof only that the claimants are unable to maintain themselves and that the husband has sufficient means but neglects or refuses to maintain them. The outcome of criminal proceedings has no bearing on this determination.
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