Gujarat HC rules, 'if wife refuses to live with husband without sufficient reason, she is not entitled to maintenance'

Gujarat High Court has quashed and set aside the maintenance order of family court in a case where wife claimed that she has not cohabited with her husband for a single day after marriage on February 16, 2019. The wife admitted that the husband has not driven her out of the house and is living with her parents on her own wish. 

A single judge bench of Gujarat High Court said, "If the wife refuses to live with husband without any sufficient reason or both of them live separately by mutual consent, the wife is not entitled to any maintenance.” The court made such remarks while taking the note of Section 125 of Sub Section (4) of the Code of Criminal Procedure, 1973.

The petition was filed by husband in the court challenging the maintenance order of Family Court, Ahmedabad, which on October 15, 2024, had granted alimony of ₹10,000 per month to his wife under the provisions of Section 125 of the Criminal Procedure Code, 1973.

The high court while setting aside the maintenance order of family court, made it clear that all the amount which has been paid by the applicant husband to the wife will not be recovered and whatever arrears remains, shall be paid within the period of month to the wife.

The advocate appearing for the petitioner husband submitted before the court that the divorce petition of the wife is also on the ground that she did not cohabit for a single day with her husband after marriage. In her cross-examination, the wife?admitted that she has not stayed with

the husband after marriage and that she is voluntarily residing with her parents and hence the applicant – husband is not liable to pay maintenance to her.

The counsel appearing for the wife argued that, that there is no error in either fact or law in order passed by family court and hence no interference is required.