Justice Satapathy upheld the Family Court’s decision, directing the husband to pay monthly maintenance of Rs.3,000 to his wife. The judgment reaffirms the wife’s right to live with dignity and financial support when subjected to baseless allegations.
Cuttack: The Orissa High Court recently upheld the Family Court’s decision directing a husband to pay maintenance to his wife, who chose to live separately after he questioned her character.
The marriage took place on May 5, 2021, but the wife left her matrimonial home just a few months later, on August 28, 2021, and moved back to her parental home. Her decision was driven by her husband’s allegations about her character and claims that she was involved with another man.
Justice Gourishankar Satapathy, delivering the verdict, strongly criticized the husband’s unsubstantiated allegations. He stated:
The husband challenged the Family Court’s order, arguing that his wife left him without sufficient cause. He also questioned her chastity, alleging an extramarital relationship.
“When her husband raises doubt about her character, she is perfectly justified to refuse to live with her husband.”
The court emphasized the importance of a woman’s honor and dignity, noting:
“It is quite natural for a wife to refuse to live with her husband who doubted her chastity, in as much as the chastity of a woman is not only dearest to her, but also a priceless possession in her.”
The judgment further clarified that without any proof, questioning a woman’s loyalty amounts to a severe attack on her dignity. Justice Satapathy remarked:
“Thus, when the character of wife is being doubted by her husband without any proof, she has enough reason to live separately from her husband.”
The court outrightly rejected the husband’s argument, stating:
“In this case, without producing any proof about the infidelity of his wife, the husband has simply made character assassination of his wife which itself is a ground for wife to refuse to live with her husband. Hence, the plea of the husband in this case about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration.”
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Justice Satapathy upheld the Family Court’s decision, directing the husband to pay monthly maintenance of Rs3,000 to his wife. The judgment reaffirms the wife’s right to live with dignity and financial support when subjected to baseless allegations.
Case Title: Indrajit Mohanta v. Mamuni Mohanta, RPFAM No.9 of 2024
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