Wife Has Right to Maintenance If She Leaves Due to Harassment: Karnataka High Court
The Karnataka High Court has ruled that a wife who leaves her husband’s home because of abuse or mistreatment still has the right to claim maintenance. The court stated that if the woman did not leave by mutual consent but due to ill-treatment, her husband is still legally bound to provide financial support.
The decision came from a single bench led by Justice M. Nagaprasanna while hearing the case of Satish N vs Ambika J (Crl Petition 474/2022). The husband, Satish N, had filed a petition against the order to pay maintenance to his wife.
The couple got married in 2016. After the marriage, the wife filed a police complaint under Sections 498A, 504 read with Section 34 of the Indian Penal Code (IPC). She also applied for maintenance under Section 125 of the Criminal Procedure Code (CrPC).
During the hearing, the husband referred to Section 125(4) CrPC, which says that a wife is not entitled to maintenance if she leaves the marital home with mutual agreement.
However, the wife told the court that she left the house because she faced severe harassment from her husband and mother-in-law. She explained that the abuse made it impossible for her to stay.
After reviewing both sides, the court concluded that the wife did not leave by mutual consent but because of cruelty. Therefore, the court rejected the husband’s argument and dismissed his petition.
This judgment reinforces that women have the right to maintenance if they leave an abusive home, and such claims cannot be denied under false claims of mutual separation.
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