Wife without any reasonable cause refuses to live with husband

by

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?

Question from - Criminal Law

Wife is not entitled to maintenance if she has no reasonable cause to live separate. The wife can claim alimony under section 125 of the code of criminal procedure (crpc) if her husband refuses or neglects to maintain her. Section 125 also requires that the wife should be ready to live with her husband. She cannot get hot and cold water simultaneously.

In one hand she cannot refuse to live with her husband without any reasonable cause and on the other hand, claim maintenance. Sub-section 4 of section 125 crpc itself enumerates that wife is not entitled to alimony if she, without any sufficient reason, refuses to live with her husband.

In the present circumstance, you may move a revision petition against this order. If the family court has passed the order, then you can file a revision before the High Court otherwise before the Sessions court. It is an erroneous order, therefore, liable to be set aside. The court must examine the ulterior motive of the wife.

The litigant must approach the court with his clean hands. If a wife is not ready to live with her husband, then she has no right to claim maintenance. The only genuine party has right to get justice from the court. The guilty party must be punished; therefore, section 125 (4) forbids the guilty wife to get maintenance.

You file a revision petition; this order is liable to be set aside. The order has a significant impediment. It violates the statutory provision of law, i.e. Section 125 (4) crpc.

Ask A Question

You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)

Maintenance of aged parents or senior citizen

I am a widow as well a senior citizen of India. I want to know about the maintenance rights of my son. What is my maintenance rights as per the Indian law? Question from - Maintenance | Section 125 CrPCIndia is the home of more than 81 million senior citizens. It is...

Stepmother is entitled for maintenance under section 125 crpc

I am a destitute lady; my husband died in the year 2000. My stepson is refusing to maintain me, and I have no child. Can I claim maintenance from my stepson?Question from - Maintenance | Section 125 CrPCIf the mother is living under destitution, she is entitled to...

Enhancement of maintenance already fixed by the court

Whether enhancement of maintenance is possible? I married in the year 2003. My husband was rude and careless towards me. Therefore, I finally decided to leave the matrimonial home. Now, I have been residing with my parents. I started working as a school teacher....

Maintenance after iddat period – 125 CrPC

Sir, I have applied to section 125 CrPC for maintenance. During the pendency of that application, my husband unanimously gave divorce. He is planning to marry another woman. After that, I filed another petition under section 3 of the Muslim Woman (Protection of Right...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to a Lawyer Today!

Book a phone consultation for 30 minutes and get solid advice on the phone

Contact a lawyer in Lucknow

30 Min. Consultation

Subscribe

Join Our Newsletter

Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts

Share via