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Sirajmohmedkhan Janmohamadkhan vs Hafizunnisa Yasinkhan & Anr on 14 September, 1981

9. All these arguments stand exploded by a decision of the Hon'ble Supreme Court in Sirajmohmedkhan Janmohamadkhan v. Hafizunnisa Yasinkhan, reported in AIR 1981 SC 1972 : (1981 Cri LJ 1430). In this decision, the decisions relied upon by Mr. Yogesh Agarwal i.e., AIR 1948 Nagpur 69 : (1948-49 Cri LJ 52); 1978 ALJ 1002 : (1978 (2) Cri LJ 1661) and AIR 1933 Mad 688 : (34 Cri LJ 951) been specifically overruled and the contention of Sri Agarwal that unless by some positive act a person neglects or refused to maintain, Section 125 of the Code of Criminal Procedure cannot be invoked have also been rejected. It has been held by the Hon'ble Supreme Court that Hon'ble Mr. Justice Bakshi gave his decision since his attention was not drawn to the provisions of second proviso of Section 125 of the Code of Criminal Procedure which provides that the Magistrate may consider the grounds of refusal of the wife to live with her husband if the husband offers to maintain his wife and wife refused to live with him.
Supreme Court of India Cites 13 - Cited by 75 - S M Ali - Full Document

Srikant Rangacharya Adya vs Anuradha on 17 July, 1979

In that view of the matter the Hon'ble Supreme Court has held that the wife will be justified in refusing to live with an impotent husband and claim maintenance Under Section 125, Cr. P.C. In this decision, the Supreme Court has also approved the decision of the Karnataka High Court in Dr. Srikant Rangacharya Adya v. Smt. Anuradha reported in AIR 1980 Kant 8, wherein it has been held that it is unthinkable in these days that the sexual weakness of the husband is of no consequence and, therefore, cannot amount to cruelty. If a wife does not get proper sexual satisfaction it will lead to depression and frustration. It must be recognised that nothing is more fatal to marriage than disappointments in sexual intercourse.
Karnataka High Court Cites 11 - Cited by 10 - Full Document
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