Wife Living Apart Without Valid Reason Not Entitled To Maintenance: Allahabad High Court

The Allahabad Court has put aside a family court’s order granting maintenance to a woman who was found living separately from her husband without sufficient reason.

The matter came to the court in a criminal revision challenging an order dated 17 February 2025, whereby the Family Court had directed payment of ₹5,000 per month to the wife.

During the hearing, the counsel for the petitioner submitted that the trial court had not considered the earning capacity of the petitioner but fixed the amount of maintenance in favour of the wife and a minor child at ₹5,000 and ₹3,000, totalling ₹8,000 per month, as Hindustan Times reported.

The Family Court in Meerut itself recorded a finding that the wife was living separately without sufficient reason. As per Section 125(4) Cr.P.C., the wife is not entitled to maintenance in such circumstances, even though the amount of maintenance has been fixed in favour of the wife at ₹5,000 per month.

During the hearing, the counsel for the petitioner submitted that the trial court had not considered the earning capacity of the petitioner but fixed the amount of maintenance in favour of the wife and a minor child at ₹5,000 and ₹3,000, totalling ₹8,000 per month, as Hindustan Times reported.

What Section 125 (4) of the Cr.P.C. Says

Section 125 (4) of the Code of Criminal Procedure (Cr.P.C.) read, “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.”

However, the lawyer representing the woman and the state counsel submitted that she is living separately from her husband due to his neglect, and that is why the trial court has allowed the application and fixed the amount of maintenance.

The court, in its judgment dated July 8, sent the matter back to the family court to decide it afresh after giving an opportunity of hearing to both parties.

However, the court made it clear that the petitioner will continue to pay an amount of ₹3,000 per month for the wife and ₹2,000 per month for the child as interim maintenance during the pendency of the application.

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