Maintenance order passed to pay rupees 6500 to my wife. The court gave that order; even my wife refused to live with me. She has been living separately. She voluntarily refused to live with me. If a wife refuses to live with her husband, then is she entitled for maintenance?
Under Section 125 of the code of criminal procedure, a wife has the right to receive maintenance from her husband if she is unable to support herself. This includes situations where the wife is incapacitated physically or mentally, or has no means of income and husband either neglects or refuses to maintain her.
However, if a wife chooses to leave her husband voluntarily and live separately, the question of maintenance becomes more complex. The court will take into account the reasons for the separation, such as domestic violence, cruelty, or desertion by the husband, before deciding on the maintenance amount.
If the court finds that the wife left her husband voluntarily without sufficient reason, it may reject her claim for maintenance. One of the marital responsibilities of the wife is to stay with her husband in the matrimonial home, and failure to do so without sufficient reason may lead to the court invoking Section 125(4) of the code of criminal procedure to reject the wife’s application for maintenance.
It’s important to note that the maintenance order is not meant to be a punishment for the husband, but rather a means of financial support for the wife to maintain herself. Additionally, the maintenance order can be reviewed and modified by the court if there is a change in circumstances.
It is also worth noting that the wife must have a valid reason for living separately from her husband to be eligible for maintenance. If the wife has no reasonable cause to live separately and refuses to live with her husband, she may not be entitled to alimony under Section 125 of the code of criminal procedure.
In short, a legally wedded wife has the right to claim maintenance under Section 125 of the code of criminal procedure if her husband refuses or neglects to maintain her, but must also have a valid reason for living separately from him.
If a wife refuses to live with her husband without any reasonable cause, yet claims maintenance, it should be noted that Sub-section 4 of Section 125 of the code of criminal procedure specifies that the wife may not be entitled to alimony if she refuses to live with her husband without sufficient reason.
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.
Section 125(4) CrPC
File a revision against the order of Section 125 CrPC
Your wife’s petition for maintenance should have been rejected by the Magistrate, as Section 125(4) of the code of criminal procedure prohibits the grant of alimony to a wife who refuses to live with her husband without sufficient reason. The order for maintenance is therefore a violation of this statutory provision and you should file a revision immediately to have it set aside. You should also request interim relief from the revisional court to stay the monthly allowance order with immediate effect.
It is important for litigants to approach the court with clean hands, and a wife who is unwilling to fulfill her matrimonial obligations by living with her husband has no right to claim maintenance. This makes your wife a guilty party, and therefore ineligible for relief from the court. Section 125(4) reflects this principle, and when a wife is living separately, the court must verify if she has sufficient reason for doing so. If there is no satisfactory reason, the court cannot pass any order for alimony or monthly allowance.
If the Magistrate has passed the order, you can file for revision in the Court of Sessions, and if the family court has issued the order, you can file for revision in the High Court. Regardless of where the order was issued, Section 397 of the code of criminal procedure provides for revision. Since the order is erroneous, it is liable to be set aside.
