The Kerala High Court has ruled that a wife who chooses to live separately from her husband without valid justification is not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC). Justice Kauser Edappagath emphasized that as per Section 125(4) of CrPC, a wife must provide evidence of cruelty, desertion, or other compelling reasons to justify living apart and claiming maintenance.
The ruling came in response to a petition challenging a family court order that had directed a husband to pay maintenance to his wife. The couple, married in 2008, faced marital disputes leading to their separation in 2015. In 2017, the family court granted them a divorce and ordered the husband to pay ₹25,000 per month in maintenance. The husband contested this decision, arguing that his wife had left their home without a valid reason, abandoning their two-year-old child.
Upon reviewing the case, the High Court noted the absence of any police complaints or substantial evidence of ill-treatment by the husband. It also considered the family court’s observation that the wife had left with the intent of “teaching him a lesson.” Citing the fundamental marital obligation of living together, the Court ruled that withdrawal from the marital relationship without sufficient cause disentitles the wife from maintenance. Consequently, it overturned the family court’s order, denying the wife’s maintenance claim.
