Wife Shall Not Be Entitled To Receive Any Maintenance From Her Husband If She Refuses To Live With Her Husband: Allahabad High Court 

Wife Shall Not Be Entitled To Receive Any Maintenance From Her Husband If She Refuses To Live With Her Husband: Allahabad High Court 

Allahabad High Court held that wife shall not be entitled to receive any maintenance from her husband if she refuses to live with her husband.

BRIEF FACTS OF THE CASE

The criminal revision has been filed by one Gaurav Vashishtha for challenging the order passed by Additional Principal Judge, Family Court, Mathura in Case No. 882 of 2019 (Ruchi Rawat Vs. Gaurav Vashistha). The maintenance allowed to wife was enhanced from Rs. 4000/- to Rs. 10000/- by the means of order which is under challenge.

CONTENTION OF REVISIONIST

Learned counsel for the Revisionist quoting Section 125(4) Cr.PC stated that the claim for right of maintenance could be denied if wife voluntarily refuses to live with her husband. He contended that when respondent wife has left her matrimonial home upon her free will the revisionist has filed the suit for divorce. Further learned counsel submitted that the wife has lodged the FIR in counter of the divorce suit filed by the Revisionist.

CONTENTION OF THE RESPONDENT

Learned counsel for respondent submitted that the respondent-wife didn’t left the matrimonial home on her own. She had reasonable cause to do the same after being tortured by the revisionist. Relying on the judgment of Rajnesh Vs. Neha and another 2021 (2) SCC 324 learned counsel prayed for the maintenance and also stated that the respondent is ready to stay at her matrimonial home.

HON’BLE COURT OBSERVATIONS

Court has given opportunity to both the parties for compromise but the counsel for the respondent urged to the court that there is no chance for the compromise. Further the Hon’ble Court has observed that in December, 2017 the Counsel for the respondent accepted the fact that respondent-wife has left her matrimonial home on her free will but now he is saying respondent is ready and willing to go her matrimonial home.

While allowing the revision Hon’ble Court held that,

“The provision of Sections-125(4) Cr.P.C. is very clear that no wife shall be entitled to receive any maintenance from her husband if she refused to live with her husband. Here in the present case the opposite party no. 2 had left her matrimonial home on her own volition on 25th December, 2017. Since she had left on her own free will she is not entitled to get the benefit of maintenance, as per Section 125 (4) Cr.P.C.”

Law points Involved

• -125(4) Cr.PC- No wife shall be entitled to receive an allowance [for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] 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.

• CASE TITLE :- Gaurav Vashishtha vs State of U.P. and Another

• CRIMINAL REVISION No. – 4498 of 2022

• ORDER DATE:- 1.06. 2023