The Karnataka High Court has ruled that a husband cannot deny maintenance to his wife if she leaves the marital home due to ill-treatment. Justice M. Nagaprasanna made this observation while rejecting a petition filed by Satish N, who challenged his wife’s claim for maintenance.
The couple married in 2016. The wife filed a complaint under Sections 498A and 504 read with Section 34 of the Indian Penal Code (IPC) and later sought maintenance under Section 125 of the Criminal Procedure Code (CrPC).
The husband argued that under Section 125(4) CrPC, a wife is not entitled to maintenance if she voluntarily moves out with mutual consent. However, the wife stated that she left the marital home because of harassment and ill-treatment by her husband and mother-in-law.
The court found that the wife did not leave the house with mutual consent but due to unbearable harassment. Justice Nagaprasanna emphasized that the husband’s claim lacked merit and dismissed his petition.
This ruling underscores that maintenance cannot be denied to a wife who leaves her marital home because of ill-treatment, safeguarding her rights under the law.
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