In an important judgment, the Gujarat High Court ruled that a wife is not entitled to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) if she chooses to live separately from her husband without a valid reason.
The single-judge bench noted that the woman failed to prove her allegations of cruelty. During cross-examination, she admitted that her original plea did not mention that her husband had forced her out or abandoned her.
The court also pointed out her unwilling attitude, observing that despite the husband expressing his readiness to take her back and live peacefully, she refused to return. She even stated that she would not go back to him under any circumstances, including if he agreed to her conditions.
Relying on Section 125(4) of the CrPC, the court held that a wife who refuses to live with her husband without sufficient cause is not eligible for maintenance.
The couple married in November 2009. The woman had approached the high court challenging a 2013 Family Court order in Rajkot that had earlier rejected her maintenance plea. She had alleged harassment and ill-treatment by her husband and in-laws, forcing her to leave the matrimonial home.