Ramji Malviya vs Smt. Munni Devi Malviya on 20 March, 1959
4. The right given by Section 488 to a wife to claim maintenance from her husband is a statutory right which is independent of the personal law of the parties and is not affected or governed by it; see Luddun Sahiba v. Mirza Kamar Kudar, ILR 8 Cal 736, Mohammad Azizullah v. Abdul Halim, 1935 Oudh WN 292: (AIR 1935 Oudh 285) and U. Thiri v. Ma Pwa Yi, 24 Crj LJ 368: (AIR 1923 Rang 131). In order to entitle a wife to claim maintenance from her husband all that she has to prove is that he has sufficient means and that he has neglected or refused to maintain her. If she is living separately from her husband and without any sufficient reason refuses to live with him, the right to claim maintenance from him is barred by Sub-section (4).