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Maintenance when my wife is living separately with my son

Shivendra Pratap Singh

Advocate

21/05/2022

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Question: Sir, my wife is living Separately with my child. I have no property in my name. All properties are in the name of my father. I am only paying bills & other expenses because I am living with my parents. When my wife left my house I transferred forty thousand rupees in her account for the general expenses of my son. I don’t want to pay maintenance when my wife is living separately with my son. Should I have to pay maintenance in the dv case? She has filed a case against me. 

Asked from: Maharashtra

If your wife has no sufficient reason to live separately she cannot claim maintenance. Section 125(4) specifically bars such a claim when the wife has no good reason to live apart from the husband. Law does not permit a guilty wife to receive maintenance from her husband while she is neglecting to perform her matrimonial obligations. 

When wife is not entitled to claim maintenance

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:

  1. She is living in adultery, or 
  2. Without any sufficient reason, she refuses to live with her husband, or 
  3. If they are living separately by mutual consent.

You should move an application under Section 125(4) crpc and pray from the court to dismiss her case. Upon receiving your application the court will seek evidence from your wife to satisfy the court that she has good cause or reason to live separately. If your wife fails to satisfy the court her case will be dismissed. 

Sufficient reason for living separately

If she has sufficient reason for living separately then you have to pay maintenance. It does not matter that you have no source of income or do not possess any property. She is claiming share in your property but she has exercising her right i.e. right to maintenance. It is the paramount or utmost responsibility of the husband to maintain his wife and children. You cannot absolve yourself from such a liability. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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