Case Law Analysis
|Jammu & Kashmir and Ladakh High Court
Section 488 CrPC | Mutual Consent Separation Bars Wife's Maintenance Claim Despite No Formal Divorce : J&K HC
J&K High Court rules that a wife living separately by mutual consent, even without a legal divorce, cannot claim maintenance under Section 488 CrPC. The court emphasized judicial admissions and conduct over technical marital status, while ordering a ₹2.5 lakh one-time settlement to prevent destitution, highlighting the balance between legal technicalities and equitable relief.