Wife not entitled for Maintenance in these cases Some Case laws
When there are no evidence to show that the wife has deserted you with reasonable cause court can deny maintenance in such case
In Bheekha Ram v. Goma Devi and Ors., it was held by the Rajasthan HC that, there is no maintenance to the deserting wife. Right to maintenance stems performance of marital duty. If there is no evidence of ill-treatment by husband and wife has no just cause to live separately, she is not entitled to the maintenance.
In Kalidas v. Parwatibai, it was held that if the wife has left the husband without any reasonable cause and left her husband against his wish, she is not entitled to the benefit of maintenance under section 125 of Cr.PC.
In Krishnabai v. Punamchand, the wife refused to live with her husband and deserted her on the ground that her father-in-law misbehaved with her. This was regarded to be unreasonable by the court.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
