Wife Leaving Matrimonial House Not Ground To Deny Maintenance If She Moved Out Due To Ill-Treatment By Husband: Karnataka High Court

A single judge bench of Justice M Nagaprasanna made the observation while dismissing a petition filed by one Satish N questioning the proceedings registered by the respondent-wife seeking maintenance from him.

The petitioner and the respondent got married in November 2016. The respondent- wife registered a complaint against him in December 2020, alleging offences punishable under Sections 498A, 504 read with 34 of IPC and later on, preferred an application seeking maintenance under Section 125 of the Cr.P.C.

It was contended that the petition was not even maintainable and the Family Court has declined to consider these submissions, stating that the same would be taken note of after hearing the respondent wife and while considering the matter for grant of maintenance or otherwise. Reliance was placed upon Section 125(4) Cr.P.C which states that no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent..

The petitioner-husband argued that the respondent on her own consent or with the consent of the husband moved out of the matrimonial house and therefore, the husband -petitioner is not liable to pay any maintenance.

The court relied on the averments made by the wife in her petition seeking maintenance and said,

"The respondent-wife narrates about unbearable harassment and ill-treatment from both by the husband and mother- in- law has resulted in her going away from matrimonial house. This can by no stretch mean moving away of the wife by mutual consent, for the petitioner to contend that proceedings were not maintainable."

Following which the court said there were no grounds to interfere at this juncture, the petition stands dismissed.

Case Title: Sathish N v. Ambika J

Case No: CRIMINAL PETITION No. 474 OF 2022

Citation: 2022 LiveLaw (Kar) 148

Date of Order: 12TH DAY OF APRIL, 2022

Appearance: Advocate SHIVANNA for petitioner; Advocate UMESH B.N. for respondent

Click Here To Read/Download Order