Karnataka High Court: Wife Entitled to Maintenance If She Left Due to Ill-treatment
The Karnataka High Court recently ruled that if a wife leaves her marital home due to ill-treatment by her husband, the husband cannot claim she moved out by consent to avoid paying maintenance.
Justice M Nagaprasanna made this observation while dismissing a plea by Satish N, who challenged the demand for maintenance from his wife.
The couple married in 2016, and the wife filed a complaint under Section 498A, 504 read with Section 34 of the IPC, and later sought maintenance under Section 125 CrPC.
The husband argued that under Section 125(4) CrPC, a wife is not entitled to maintenance if she left with mutual consent.
However, the wife testified that she faced unbearable harassment from her husband and mother-in-law, prompting her to leave the marital home.
After reviewing the submissions, the court concluded that the wife left due to ill-treatment, not mutual consent.
Thus, the court found no grounds for interference and dismissed the husband’s petition.
Case Title: Satish N vs. Ambika J
Case No.: Crl Petition 474/2022
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