Annu Rev Popul Law. 1987;14:71.
The appellant, a Muslim wife, sought maintenance for herself to live separately from her husband because he had taken a second wife. In overturning a lower court ruling, the Supreme Court held that the appellant was entitled to maintenance. It relied on Section 125(3) of the Criminal Procedure Code, which it construed as conferring the right upon a wife to refuse to live with her husband if he has contracted another marriage and to obtain maintenance. It concluded that this right was not negated by the fact that Muslim personal law permits a husband to have more than one wife.
上诉人是一名穆斯林妻子，她因丈夫娶了第二任妻子而要求获得分居生活费以维持自己的生活。最高法院推翻了下级法院的裁决，认为上诉人有权获得生活费。最高法院依据《刑事诉讼法》第125(3)条，将其解释为赋予妻子一项权利，即如果丈夫再婚，妻子有权拒绝与其共同生活并获得生活费。最高法院得出结论，穆斯林属人法允许丈夫娶不止一位妻子这一事实，并不否定这项权利。
