Wife not living with husband right from the marriage but seeking maintenance

Shivendra Pratap Singh


High Court Lucknow


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Advised on 28 Mar, 2023

Question: Hello sir, I got married on 18.01.2017, but my wife refused to live with me at my home and has not lived with me since then. She is currently staying with her parents. I filed for divorce after 5 years under section 13(1)(ia)(ib) of the Hindu Marriage Act, which is pending. Now, after 6 years, she has filed a case under section 125 of the CrPC for maintenance and interim maintenance. My question is whether she is entitled to maintenance despite not living with me at my home since marriage and suppressing her hormonal imbalance, which affects sexual activity. 

Asked from: Karnataka

Prima facie, it seems that your wife has no sufficient cause to live separately. Right after the marriage, she preferred to live with her parents instead of her matrimonial home and has deliberately refrained from performing her matrimonial obligations

In this situation, it may be difficult for her to receive maintenance under Section 125 of the CrPC. Subsection 4 of Section 125 states that if a wife has no sufficient cause to live separately, she is not entitled to maintenance. 

You should file an application challenging the maintainability of her case under Section 125 of the CrPC. If the court finds that she has failed to provide just reasons for living separately, they may dismiss her case.