Bride’s big dreams forced the husband’s family to go up on their wedding budget. Wife’s fussy demands forced the husband to spend more on her, not keeping up with any savings. The wife was still unhappy, and the couple decided to part ways. But when they took a step for divorce, the wife demanded a hefty amount in the name of maintenance/alimony. Is that fair? Are there any Court decisions which provide for times when wife is not entitled to maintenance? Here, we have attempted at compiling landmark cases on when Courts decided maintenance case in favour of husband and the wife was denied any maintenance for several reasons.
When Wife not Entitled to Maintenance – Case Laws
Adulterous wife not entitled to maintenance
Adultery means when a person while being married gets involved in sexual intercourse with another. Loyalty towards the marriage is the ultimate need for a marriage to sustain. Adultery is no more punishable under the Indian Penal Code, 1860, but remains a ground for divorce.
Giraben Sandipbhai Jotangiya & Ors. v/s State of Gujarat & Ors (decided on August 4, 2015)
The Gujarat High Court held that “Continuous act of living in adultery on the part of the wife would dis-entitle her to any amount of maintenance.”
X v. Y (decided on March 12, 2024)
The Madhya Pradesh High Court expressed that “The wife can be debarred from getting maintenance on the ground of ‘adultery’ only when she is actually ‘living in adultery’ at or around the time of application for maintenance under S. 125 of Cr.P.C.” While the case was not decided in husband’s favour due to timeline of adultery committed, it can be taken up for cases when the wife is living in adultery.
Shanthakumari v. Thimmegowda (decided on September 19, 2023)
The Karnataka High Court held that “When the petitioner is staying in adultery, the question of she claiming maintenance does not arise at all. The contention of the petitioner that the petitioner is a legally wedded wife and entitled for maintenance cannot be accepted in view of the conduct of the petitioner, who is not honest and is leading adulterous life.” The Court refused to reconsider the maintenance claims rejected by the trial court and gave a perfect precedent for when wife not entitled to maintenance.
Woman not legally married not entitled to maintenance
Marriage is the pre-requisite for a woman to claim maintenance from her husband. If she is unable to prove that marriage in the first place, such a wife is not entitled to maintenance.
Savitaben v. State of Gujarat (decided on March 10, 2005)
The Supreme Court held that “the expression ’wife’ as per Section 125 of the Code refers to only legally married wife.”
Second Wife not entitled to maintenance
Yamunabai v. Anantrao Shivram Adhav and another (1998)
The Supreme Court held that the marriage of a Hindu woman with a Hindu male with a living spouse performed after the coming into force of the Hindu Marriage Act, 1955, is null and void and the woman is not entitled to maintenance under Section 125 of CrPC.
In Sunder Lal Saini v. Meena Saini (decided on November 9, 2021)
The Delhi High Court held that “As this is a petition under Section 125 Cr.P.C. and the term “wife” under Section 125 Cr.P.C. does not envisage a situation wherein both the parties in the alleged marriage have living spouses, this Court is of the opinion that the Respondent herein cannot seek maintenance from the Petitioner under this provision.” Hence, the second wife was not entitled to maintenance.
In Raj Rani & Anr v. Om Kumar Kaushik (decided on February 14, 2018)
The Punjab and Haryana High Court denied maintenance under S. 125 of Code of Criminal Procedure to the second wife while holding that the term ‘wife’ could not be stretched to mean anyone other than the legally wedded wife.
No maintenance to Educated Wife
Since talks about right to equality are paramount, why should the husband be burdened always, while the wife is also earning. The Courts have time and again stated when wife not entitled to maintenance when she is capable and earning a livelihood.
XXX v. YYY (decided on October 11, 2023)
The Delhi High Court gave another instance for when wife not entitled to maintenance. The Bench rejected maintenance to the wife who was equally qualified and earning equally as that of husband. The Court explained that “The object of Section 24 of the Act is to ensure that during the matrimonial proceedings under HMA either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.” The Court also reduced the interim maintenance of Rs 40,000 to Rs 25,000 granted for the child.
Damanpreet Kaur v. Indermeet Juneja & Anr (decided on May 14, 2012)
The Delhi High Court upheld the Trial court’s denial of interim monetary relief to the wife who was a well educated woman earning Rs 50,000 per month, and chose not to work of her own will though having the capacity to work and finding suitable job for herself.
Wife living separately with consent not entitled for maintenance
When the husband and wife have mutually decided to stay separately, and the wife did not demand seek maintenance in the mutual setup, she could not be entitled to maintenance through Courts.
Bai Tahira Vs. Ali Hussaid Fissalli Chothia (decided on October 6, 1978)
The Supreme Court in general said that “When (Muslim) wife is living separately from her husband by mutual consent (compromise), she is not entitled to maintenance from her husband u/s 125 Cr PC.”
Wife living separately without reasonable cause not entitled to maintenance
Another reason for when wife not entitled to maintenance, is her living away from the husband without any reasonable cause, as decided by the Courts.
Amit Kumar Kachhap v. Sangeeta Toppo (decided on February 2, 2024)
The Jharkhand High Court has been residing aloof from the husband without any reasonable cause. In view of Section 125 (4) of the Code of Criminal Procedure, 1973 she is not entitled to any amount of maintenance.
Bheekha Ram v. Goma Devi (decided on January 22, 1999)
The Rajasthan High Court held that “The right to be maintained by the husband stems from performance of marital duty. It is only when the Court inter alia comes to the finding that the wife claiming maintenance had been prevented from performing the marital duty by the husband that she could be awarded maintenance. When it is found that the wife declines to live with husband without any just cause and there is no evidence of ill-treatment by the husband, wife is not entitled to maintenance.”
Gaurav Vashishtha v. State of UP and Anr (Order dated January 6, 2023)
The Allahabad High Court held that “Since she had left on her own free will she is not entitled to get the benefit of maintenance, as per Section 125 (4) Cr.P.C.”
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