Q: Elaborate section 125(4) and section 124(5) of Cr.P.C ?
Ans: Section 125(4) and Section 125(5) of Cr.P.C mentions about rejection or cancellation of maintenance by court.
According to section 125(4) of Cr.P.C, no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
As per section 125(5) of Cr.P.C, on proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
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