A husband's obligation to maintain his wife persists even if she has left the matrimonial home, barring sufficient justification for her separation.

Order on Board

09.09.2025

1. This criminal revision has been filed by the applicant with the following prayer:

“It is therefore prayed that this Hon'ble Court may kindly be pleased to allow this revision and set aside the impugned order dated 13.01.2020 (Annexure P/1), in the interest of justice.”

2. The facts, in brief, is that the applicant/husband and respondent/

wife were married on 14.12.2015 at Jabalpur, Madhya Pradesh, according to Hindu rites and customs. After marriage, they began living together at the husband’s residence situated at Plot No. 71, behind Saraswati School, Ramakunj Mahakaushal Colony, Adhartal, Jabalpur. No children were born from the marriage. Initially, the marital life was peaceful, but after three to four months, the wife’s behavior changed drastically, leading to frequent quarrels. The husband, troubled by her conduct, began to doubt her character and informed her maternal relatives about the situation. However, instead of addressing the issue, her relatives supported her and, along with the wife, started harassing the husband. Despite enduring this cruelty, the husband continued to make efforts to maintain the marriage. In September 2017, the wife left the matrimonial home and began residing with her maternal uncle in Raipur, as her parents were deceased. Subsequently, the wife filed an application under Section 125 Cr.P.C. on 20.09.2018 before the Family Court seeking maintenance. Prior to this, the husband had filed a petition under Section 9 of the Hindu Marriage Act, 1955 , for restitution of conjugal rights, which was allowed by the Family Court on 13.08.2018, directing the wife to return to the matrimonial home within one month. In compliance, the husband went to bring her back in September 2018, but found her house locked. Again, in October 2018, he went along with his father, but the wife refused to return. Thereafter, on 24.10.2018, the husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 , seeking dissolution of marriage. Despite these facts, the wife continued to live separately without sufÏcient cause and pursued the maintenance case solely to harass the husband. On 13.01.2020, the Family Court at Raipur allowed her application and directed the husband to pay maintenance of Rs.10,000/- per month, which has led to the present challenge.

3. Learned counsel appearing for the applicant submits that the impugned order dated 13.01.2020 passed by the learned Family Court is erroneous in law and facts, as it fails to consider the material evidence on record. The wife deliberately provided a false address and filed a false afÏdavit before the court, which amounts to perjury under Section 193 IPC and contempt of court. She is a well- educated woman holding a B.Com degree and is fully capable of earning and maintaining herself; therefore, as per settled law, she is not entitled to claim maintenance while willfully remaining unemployed. The allegation that her abortion on 27.10.2016 occurred due to physical assault by the husband is false and fabricated, as medical documents clearly show it was due to her mental illness and not any act of the husband. The wife left the matrimonial home on her own free will, is allegedly involved in an adulterous relationship, and has consistently refused to return despite repeated efforts by the husband, including a petition filed under Section 9 of the Hindu Marriage Act, which was decided in his favor directing her to resume cohabitation. Living separately without sufÏcient cause disentitles her from claiming maintenance under Section 125 Cr.P.C. Further, her claim that the husband earns Rs.30,000-40,000 per month from a clothing embroidery business is false, as t