No maintenance if wife leaves husband without valid reason: HC

The Gujarat High Court has upheld a Family Court ruling denying maintenance to a woman who chose to live separately from her husband without sufficient justification.

Justice Hasmukh D Suthar dismissed the woman’s revision plea and observed that under Section 125(4) of the Code of Criminal Procedure, a wife is not entitled to maintenance if she refuses to reside with her husband without reasonable cause.

The case arose from a maintenance application filed by the woman after her 2009 marriage. She had alleged harassment and cruelty by her husband and in-laws, claiming she was forced to leave her matrimonial home. However, the Rajkot Family Court rejected her plea in 2013, prompting her to challenge the order before the High Court.

During the proceedings, the court noted contradictions in the petitioner’s testimony. In cross-examination, she reportedly admitted that her original application did not clearly state that she had been deserted or expelled.