Wife without any reasonable cause refuses to live with husband

Question asked on: 07/06/2019

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?

 

Advised by: Shivendra Pratap Singh,

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.

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Shivendra Pratap Singh

Advocate, Lucknow

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