Mutual Consent Separation Not a Bar to Maintenance Under Section 125 CrPC: MP High Court - 2024-02-03

Mutual Consent Separation Not a Bar to Maintenance Under Section 125 CrPC: MP High Court

Background:

A wife filed an application under Section 125 of the CrPC for grant of maintenance. The Family Court dismissed the application on the ground that the petitioner was living separately from her husband on the basis of a mutual agreement and hence, she was not entitled to maintenance under Section 125(4) of the CrPC.

Legal Question:

Whether a wife who is living separately from her husband on the basis of a mutual agreement is entitled to maintenance under Section 125 of the CrPC?

Arguments Presented:

• Petitioner: The agreement is unregistered and not binding on the parties. There is no legal separation by a competent Court of law. The mutual consent does not have any value in the eye of law. The husband was mentally and physically harassing the petitioners and did not comply with the terms of the agreement. He is having sufficient land and is neglecting the petitioners.

• Respondent: None appeared.

Court's Analysis and Reasoning:

The Court observed that Section 125(4) of the CrPC provides that a wife is not entitled to maintenance if she is living separately from her husband by mutual consent. However, in the present case, the Court found that the wife was living separately from her husband on the basis of promises made in the agreement. Since the husband resiled from those promises, it cannot be said that the wife was living separately by mutual consent.

The Court further observed that the wife had proved before the trial Court that she was not being maintained by her husband and that he had sufficient income to maintain her and their children. The Court also found that the wife had made allegations of harassment against her husband.

Decision:

The Court set aside the order of the Family Court and directed the husband to pay maintenance of Rs. 5,000/- per month to the wife and Rs. 2,500/- each per month to their children. The maintenance was payable from the date of filing of the application and the husband was also directed to pay arrears within six months from the date of the order.