Wife want luxurious life hence not living with husband. I filed restitution of conjugal rights case under section 9 (RCR) & my wife filed maintenance crpc 125. My life refused to live with me without any sufficient reason and she wants a luxurious life.
If your wife has no sufficient reason to live separately then she is not entitled to claim maintenance under Section 125 crpc. According to subsection 4 of section 125, a wife is not entitled for maintenance if:
- She is living in adultery
- Without any sufficient reason, she refuses to live with her husband
- If spouses are living separately by their mutual consent
Second ground of section 125(4) attracts in your case hence, you should file an application under Section 125(4) crpc for the dismissal of the complaint.
So far as the RCR is concerned, you should proceed in that case and adduce evidence to prove your wife’s guilt. If the court finds that wife without any cogent reasons living separately the court may allow your suit and direct your wife to resume the matrimonial relations.
Wife cannot claim that she needs a luxurious life. Any demand which is beyond the financial capacity of the husband is illegal. That demand cannot form the ground for living separately. Your wife’s demand is illegal hence, the court may allow your suit for RCR.
