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If a person offers to maintain his wife on condition of her living with him and she refuses to live with him, the Magistrate may –
Consider the grounds of refusal by the wife
Order wife to cohabit with her husband
Work a harmonious alternative solution
Make any order after giving due consideration to the reasons given for the refusal by the wife
Proviso to Section 125(3) of Code of Criminal Procedure – Section 125 (3) Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
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