Chhattishgarh High Court Verdict: Chhattisgarh High Court has ruled that a wife who leaves her husband’s house without proper reason will not get the right to maintenance. The court said that the right to maintenance under Section 125 CrPC depends on the conduct and circumstances.
High Court Maintenance Verdict: Many provisions have been made in the law for women. But some women also use it unnecessarily. But Chhattisgarh High Court has put a stop to this in a case. The High Court said that if the wife lives separately from the husband without any reason, she will not be entitled to maintenance. The court made it clear that mere marital relationship is not the basis for maintenance, but the conduct of both the parties will also be considered important.
The wife had asked for maintenance under CrPC section 125.
This case was related to a woman, who left her in-laws’ house just 4 days after marriage. Whereas the husband did not want this. He had filed a petition in the court for restoration of conjugal rights, so that his wife could come back to him. But the woman did not return. At the time of leaving home, she had accused her husband and in-laws of dowry harassment, mental and physical abuse. He said that the in-laws had demanded a car and Rs 10 lakh. After this the woman demanded maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
It is not right to leave your in-laws without any reason.
The family court of Bilaspur had rejected the woman’s petition. The court took into account that the husband wanted her to maintain the marriage. For this reason she had filed a petition for restoration of conjugal rights. When the case was dismissed, the woman reached the High Court. But here also the court did not accept his demand. The High Court also upheld the decision of the lower court and said that no concrete evidence or proper reason came to light behind the wife’s separation.
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When husband called and wife did not come, then what is the claim for maintenance?
The High Court remarked that if the wife leaves her in-laws’ house without any valid reason and refuses to return despite legal efforts made by the husband, she cannot claim maintenance. The court also said that Section 125 of CrPC clearly prohibits maintenance in cases where the wife is living separately without reasonable cause.
Legal experts believe that this judgment reinforces the principle that the purpose of maintenance law is to protect women in cases of genuine harassment, abandonment and cruelty, and not to promote separation without legal and cogent reason. Such cases bring a ray of hope to the society of men who are harassed by their wives.
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