The observations came in a petition challenging an order of a sessions court directing a husband to grant maintenance to his wife after she made an application under the DV Act before a judicial magistrate.
The magistrate had rejected her application, holding that the pleadings and the deposition made by the wife before the court did not match. The sessions court upheld this order. However, the session judge considered the case as if it were an application under Section 125 CrPC and held that the husband had “refused and neglected to maintain the wife,” and granted her maintenance.
This was challenged by the husband before the High Court.
Source: Barandbench
