Allahabad High Court rules wife living separately without sufficient reason not entitled to maintenance under Section 125(4) CrPC, directs fresh decision by family court.
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ALLAHABAD: In a recent observation regarding matrimonial disputes and the law on maintenance, the Allahabad High Court has ruled that a wife who is living separately from her husband without sufficient reason is not entitled to maintenance under Section 125(4) of the Criminal Procedure Code (CrPC).
This judgment came in response to a revision petition filed by the husband, Vipul Agrawal, challenging a February 17, 2025, order passed by the additional principal judge of the family court in Meerut, which had granted maintenance of Rs. 5,000 per month to his wife and Rs. 3,000 for their minor child.
The woman’s lawyer and the state counsel argued that she was living separately due to her husband’s neglect, which justified the trial court’s decision to grant maintenance.
“The trial court has recorded the finding that the wife failed to prove that she is living separately from the husband with sufficient reasons and the husband is neglecting to maintain her, even though the amount of maintenance has been fixed in favour of the wife at Rs 5,000 per month.”
Allowing the husband’s revision petition, the court noted that the trial court’s findings and the maintenance order of RS. 5,000 per month were contradictory and violated Section 125(4) of the CrPC. Justice Subhas Chandra Sharma held that the February 17, 2025 order was erroneous and required judicial interference.
“As per the provision contained under section 125(4) of the Code of Criminal Procedure (CrPC), if the wife is living separately from the husband without sufficient reasons, she is not entitled to maintenance.”
The Court said,
“In view of the aforesaid finding as recorded by the trial court in relation to the second issue and the order fixing the amount at Rs 5,000 per month in favour of the wife, both are contradictory and in violation of the provision as contained in section 125(4), CrPC. Therefore, the order dated February 17, 2025 being erroneous requires interference by this court”.
The court sent the matter back the case to the family court for a fresh decision after hearing both parties, through its judgment dated on 8th July. Meanwhile, it directed the petitioner to continue paying interim maintenance of RS. 3,000 to the wife and Rs. 2,000 to the child per month during the proceedings.
Can Husband Deny Maintenance To Wife
As per Section 125(4) of Criminal Procedure Code, 1973, a wife wo is living in adultery or refuses to live with her husband without any sufficient reason or they are living separately by mutual consent, is not entitled to maintenance.
Click Here to Read Our Reports on Maintenance
Click Here to Read Our Reports on Section 125
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