Subanu alias Saira Banu v. A.M. Abdul Gafoor, 3 April 1987.
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.
D001208:Asia; D003906:Developing Countries; D004243:Divorce; D004467:Economics; D007194:India; D007514:Islam; D007603:Jurisprudence; D008393:Marriage; D012067:Religion
Asia; Court Decision; Developing Countries; Economic Factors; India; Islam--legal aspects; Marriage; Marriage Patterns; Microeconomic Factors; Nuptiality; Polygamy--legal aspects; Religion; Separation--legal aspects; Southern Asia; Spousal Support--legal aspects