The Allahabad High Court has ruled that a wife who decides to live separately from her husband without a valid reason cannot claim maintenance under Section 125(4) of the Criminal Procedure Code (CrPC).
Justice Subhas Chandra Sharma delivered the ruling while accepting a revision plea filed by Vipul Agrawal. He had challenged a family court’s order dated February 17, which directed him to pay ₹5,000 per month as maintenance to his wife.
The High Court noted that the family court had already found that the wife could not prove any strong reason for staying away from her husband. Despite this, it still ordered maintenance, which the High Court called contradictory and legally incorrect.
The husband also argued that the trial court did not properly assess his income before deciding the total maintenance amount of ₹8,000 per month—₹5,000 for the wife and ₹3,000 for their minor child.
The wife’s lawyer claimed she was living separately due to her husband’s neglect. However, the High Court found inconsistencies in the family court’s judgment and set aside the earlier decision.
The court instructed the family court to conduct a fresh hearing, giving both parties a fair chance to present their case.
As a temporary measure, the High Court ordered the husband to pay ₹3,000 monthly to the wife and ₹2,000 for the child until the new decision is made.
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