The Allahabad High Court has ruled that a wife who chooses to live separately from her husband without sufficient justification is not entitled to maintenance under Section 125(4) of the Criminal Procedure Code (CrPC).
Justice Subhas Chandra Sharma passed the judgment while allowing a revision petition filed by Vipul Agrawal, who challenged a family court’s February 17 order directing him to pay Rs 5,000 per month as maintenance to his wife.
The high court observed that the trial court itself had found that the wife failed to establish valid reasons for living separately, and yet it awarded maintenance. The court termed this conclusion contradictory and erroneous, citing the statutory provision that bars maintenance when a wife resides apart without valid cause.
Further, the petitioner had also raised concerns that the trial court did not assess his earning capacity properly before fixing the total maintenance amount of Rs 8,000 per month— Rs 5,000 for the wife and ₹3,000 for the minor child.
While the wife’s counsel argued that the separation was due to the husband’s neglect, the high court found inconsistencies in the family court’s findings and order. It set aside the earlier order and directed the family court to rehear the matter after giving both parties a fair opportunity.
As an interim measure, the High Court ordered the husband to pay Rs 3,000 monthly to the wife and Rs 2,000 for the child until the matter is resolved afresh.
