If Wife Leaves Husband On Her Own, Is She Entitled To Get Maintenance From Him? Supreme Court To Decide

The Supreme Court has agreed to look into whether a woman who left her matrimonial home without any sufficient reason is entitled to maintenance from her husband.

The court was hearing a petition filed by a man from UP who appealed against an Allahabad High Court order which asked him to pay an interim compensation of Rs 20,000 per month to his wife.

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However, the husband challenged the order in the SC stating that his wife had left her her matrimonial home on her own will without any sufficient reason.?

He argued that according to Section 9 of the Hindu Marriage Act, 1955 if the wife is staying away from the matrimonial home without any sufficient reason there is no liability of the husband to pay maintenance.

Admitting his plea, the SC bench of Justice Sanjay Kishan Kaul and Justice KM Joseph noted that in the past there have been conflicting rulings by High Courts on the issue.?

"We are faced with the scenario where there are conflicting views taken by the courts in proceedings under Section 125 CrPC and under Section 9 of the Hindu Marriage Act and the impugned order of the High Court in the Revision Petition does not really add to the discussion," the court said.

Recently another bench of the SC had reiterated that a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure.