Kerala High Court Upholds Grant Of Maintenance To Wife Who Voluntarily Left Husband, Failed To Prove Cruelty Charge Against Him

The Kerala High Court recently observed the wife not being able to lead a peaceful life in matrimonial home, in view of the particular circumstances there, may not always be 'cruelty' but could be a reasonable ground to deny 'joint residence' and same does not grant the husband any discretion to deny payment of maintenance. 

Justice A. Badharudeen, while dealing with an argument that wife may not be legally entitled to get maintenance from husband after leaving matrimonial home voluntarily, said:

... when a party seeks divorce on the ground of cruelty, there shall be sufficient pleadings alleging cruelty, and evidence to prove the cruelty, to succeed in the divorce petition. But difference of opinion otherwise, in view of the particular circumstances at the matrimonial home, whereby the wife could not lead a peaceful life time, shall not, always be 'cruelty', but these are also reasonable grounds to deny joint residence. In such cases, it could not be held that there was willful discretion to deny payment of maintenance.

The Family Court had earlier directed a man - the revision petitioner, to pay Rs 4,000 maintenance to his wife who had claimed the same under Section 125(1) CrPC. In revision before the high court, the husband argued that since she had left his company voluntarily and without any justified reasons, he had no liability to pay maintenance to his wife. 

The counsel appearing for the husband contended that the wife is not legally entitled to get maintenance since she has been willingly residing separately and that the case filed by the respondent on the ground of cruelty ended in acquittal.

The court said the evidence suggests that wife left the matrimonial home since she could not reside there due to the particular circumstances prevailing over there.

"In view of the above, there is no reason to hold that the respondent is not entitled to get maintenance. Therefore, the entitlement of maintenance found by the Family Court can only be confirmed," said the court.

However, considering the fact that the woman remarried in September 2022, the court observed that the entitlement of maintenance ceased from the date of remarriage.

"However, the revision petitioner is bound to clear the maintenance till this date," it added.

The court reduced the maintenance amount to Rs 3,500 after observing that actual income of the husband was not fully established. 

"Therefore, the revision petitioner is directed to clear the entire arrears at the rate of Rs.3,500/- per month, starting from the date of petition till the date of remarriage, within a period of thirty days and on failure to do so, the respondents are at liberty to execute the modified order, in accordance with law," it ordered.

Advocate M R Sarin appeared for the Revision Petitioner.

Advocate Badra Kumari K V appeared for the Respondent. 

Case Title: Arun v. Reshma 

Citation: 2022 LiveLaw (Ker) 667

Click Here To Read/Download The Order