The wife who has voluntarily separated without any mistake of her husband, cannot get maintenance

Mumbai-The Nagpur bench of the Bombay High Court has ruled that the wife who voluntarily separated without any mistake and refuses to live with her husband despite being invited, is not eligible to maintain maintenance. Urmila Joshi Phalke has given.

The wife is a resident of Akola and husband is a resident of Yavatmal district. The wedding took place on 25 December 2015. Later, the wife stayed with her husband for ten months before leaving Pir. Meanwhile, she filed a petition in the High Court seeking maintenance from her husband and made various allegations against her. Before marriage, the husband was a professor in a college and his salary was also very good. It was informed that he also runs tuition and has his own house and farm. However, this information was wrong. The husband works in a non-aasted college and his monthly salary is only nine thousand and he lives in a room. The husband alleged that his wife and in -laws were misbehaving with him, but no allegations were proved. Therefore, the separation of her husband proved to be baseless. The High Court, taking cognizance of the case, dismissed the wife’s petition.

There was no evidence in the court records whether the husband neglected his wife or refused to take care of her. The husband had tried hard to convince his wife, invited her to live with her, but the records was clear that the wife did not agree.

The wife first applied to the Family Court under the Criminal Penal Code for maintenance. The court rejected the application and appealed to the High Court.