S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide

“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 aforesaid question arose in an appeal challenging the Jharkhand High Court's order, which had set aside the maintenance order passed in favour of the petitioner (wife). 

Essentially, it is the case of the petitioner that she has undergone physical and mental torture, negligence, and humiliation at the hands of the husband and his family members, coupled with the dowry demand. Per contra, her husband had claimed before the High Court that he was ready to keep her with full dignity and honor. Further, he also argued that his wife has not been living with him without any reasonable cause.

While the wife had filed a case of cruelty against her husband, the latter had also filed the suit for restitution of conjugal rights to bring his wife with him. The Additional Family Judge, Ranchi, decreed the same. Meanwhile, the petitioner also filed a maintenance case in which the respondent (husband) was directed to pay Rs. 10,000/—per month as maintenance. The husband challenged the same before the High Court. 

While passing the impugned order, the High Court noted that a wife who has voluntarily separated from her husband without any sufficient reason, even when restitution of the conjugal rights has been decided in favor of the husband, is not entitled to any maintenance.

“As such in view of Section 125(4) Cr.P.C., the wife, who has withdrawn herself from the society of the petitioner/husband without any reasonable excuse and she refuses to live with him without any sufficient reason despite having instituted the case under Section 9 of the Hindu Marriage Act for restitution of the conjugal rights by the petitioner/husband which was decreed by the learned Additional Family Court, Ranchi vide order dated 23rd April, 2022 in favour of the petitioner/husband and thereafter the continuous offer being made by the petitioner to keep her with all dignity with him; but she refused to reside with the husband.,” observed the High court. 

Assailing this order, the petitioner has approached the Apex Court.

Today (April 22), the Bench of Justices Sanjiv Khanna and Dipankar Datta issued a notice in this plea. The petitioner was represented by advocate Mohini Priya. She also prayed for an interim relief of stay of the impugned order and a grant of maintenance. Apart from this, the petition raised the aforementioned crucial question for the consideration of the Top Court.

“The question to be decided herein by this Hon'ble Court is whether the mere refusal of a wife to live with her husband would constitute “sufficient reason” to deny her maintenance provided under Section 124(4) CrPC, even though the facts and documentary evidence clearly point to the infliction of mental cruelty inflicted upon the wife by the husband.,” the petition stated.

As per the petition, in such cases of mental cruelty, even though a husband shows his willingness to live together, the wife can refuse to do the same and will still be entitled to the maintenance.

Pertinently, the petition has also stated how the Top Court was set to decide on whether a decree passed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights is sufficient reason for a wife to fall under the bar provided under Section 125(4) CrPC (Subrat Kumar Sen v. State of Uttar Pradesh and Anr., SLP (Crl.) 8994/2019). However, the issue did not arise for consideration as the matter was settled, and the parties had agreed to a mutual settlement.

Case Title: RINA KUMARI @ RINA DEVI @ REENA Versus DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO AND ANR., Diary No. 7336-2024

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