Allahabad High Court: Wife Not Entitled to Maintenance If Living Separately Without Just Cause

By Rajesh Pandey

In a significant legal development, the #AllahabadHighCourt has held that a wife is not entitled to claim maintenance under #Section125(4)CrPC if she is living separately from her husband without sufficient reason. The verdict came while the court was adjudicating a criminal revision petition filed by one Vipul Agarwal, who had challenged the order of maintenance passed by the Family Court in Meerut.

 Background of the Case

The Family Court, in its order dated February 17, 2025, had directed the husband to pay ₹5000 per month to his wife and ₹3000 per month to their minor child—totaling ₹8000 monthly—as maintenance under Section 125 of the #CodeOfCriminalProcedure (CrPC).

Aggrieved by the order, Vipul Agarwal approached the High Court, arguing that the Family Court erroneously granted maintenance to the wife despite recording a clear finding that she was living separately without valid cause. As per the statutory provision under Section 125(4) CrPC, if a wife deserts her husband without just grounds, she loses her right to claim maintenance.

 High Court’s Key Observations

Justice Subhash Chandra Sharma, while allowing the revision petition, noted that the Family Court’s order suffered from contradiction. On one hand, the trial court observed that the wife failed to establish that she was living apart with valid reasons, and on the other, it still awarded maintenance.

The High Court remarked:

“Given the aforesaid finding as recorded by the trial court about the second issue and the order fixing the amount of ₹5000/- 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.”

 Interim Relief and Remand

Though the High Court set aside the family court’s order, it remanded the matter for fresh adjudication. The family court has been directed to hear both parties and decide the matter afresh based on the material available on record and by the law.

Importantly, the High Court also directed that, until the trial court re-decides the matter, the petitioner husband shall continue to pay interim maintenance as earlier fixed by the trial court—₹3000 per month to the wife and ₹2000 per month to the child, totaling ₹5000.

 Legal Takeaway

This case reaffirms the legal principle embedded in #Section125(4)CrPC—a wife who voluntarily separates from her husband without reasonable justification cannot claim maintenance. The verdict also emphasizes the need for consistency in judicial findings and orders passed by subordinate courts.

This decision is expected to guide future proceedings involving marital disputes and maintenance claims, ensuring that statutory provisions are strictly adhered to while upholding fairness and justice in family law.