3 days ago
Wife living apart without reasonnot eligible for maintenance: HC
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/Prayagraj: The Allahabad high court has ruled that a wife is not entitled to maintenance if she resides separately from her husband without a valid reason, setting aside a family court's maintenance order.
Justice Subhash Chandra Sharma of the Allahabad HC allowed a revision petition filed by Vipul Agarwal, setting aside a Feb 17, 2025, order by the additional principal judge of a family court in Meerut.
Passing the order on July 8, Justice Sharma observed, "The trial court (family court) has recorded the finding that the wife failed to prove she had sufficient reasons for living separately from her husband or that he was neglecting to maintain her, even though the amount of maintenance has been fixed in favour of the wife as Rs 5,000 per month.
As per the provision contained under section 125(4) of criminal procedure code (CrPC), if the wife is living separately from the husband without sufficient reasons, she is not entitled for maintenance.
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Agarwal had filed a criminal revision petition in the HC, seeking to set aside the order passed by the family court, which granted maintenance to his wife.
During the course of hearing, the petitioner's counsel argued that despite the trial court finding that the wife was living separately without sufficient reason, it awarded her Rs 5,000 monthly maintenance.
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As per the provision under section 125(4) CrPC if the wife lives separately from the husband without sufficient reason, she is not entitled for maintenance from him. In this way, the trial court committed an error in passing the order, the counsel told the court.
He submitted that the trial court did not consider the earning capacity of the revisionist, but fixed the amount of maintenance in favour of the wife and minor child — Rs 5000 and Rs 3000 per month.
He also submitted that the petitioner continued to pay Rs 3000 as interim maintenance to his wife and Rs 2000 per month to their minor child.
The wife's counsel and state counsel countered that she lives separately due to the husband's neglect, justifying the trial court's decision to grant maintenance. They argued that the trial court's finding might be a clerical error and shouldn't render the entire order illegal or erroneous.
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llowing the revision petition of Agarwal, the court in its judgment said, "In view of the aforesaid finding as recorded by the trial court in relation to the second issue and the order fixing the amount of Rs 5000 per month in favour of wife, both are contradictory and in violation of the provision under section 125(4) CrPC. Therefore, the order dated Feb 17, 2025, being erroneous requires interference by this court.
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Accordingly, the high court set aside the order and remanded the matter back to the trial court (family court) to decide the case afresh after giving the opportunity of hearing to both the parties on the basis of material on record in accordance with law.
However, the HC directed Agarwal to continue paying interim maintenance of Rs 3,000/month to his wife and Rs 2,000/month to their child, as fixed by the trial court, during the pendency of the application.
