Wife living separately without valid reason cannot Claim Maintenance, rules HC

The Chhattisgarh High Court has upheld a Bilaspur family court’s order refusing maintenance to a woman who chose to live apart from her husband and in-laws without sufficient justification. The ruling clarifies that voluntary separation without valid cause bars entitlement to spousal support.

The dispute arose after the wife of a Bilaspur resident challenged the family court’s denial of maintenance, claiming harassment and dowry demands from her husband and his family. She alleged that she was asked to provide a car and Rs 10 lakh just four days into the marriage and faced verbal, physical, and mental abuse.

Meanwhile, the husband had filed for restitution of conjugal rights, seeking her return to the matrimonial home. Despite these proceedings, the wife continued to live separately, prompting legal questions over her entitlement to support.

A bench led by Chief Justice Ramesh Sinha emphasized that “when the wife did not return to her matrimonial home despite the petition for restitution of conjugal rights, she cannot claim maintenance.” The Court found no error in the family court’s decision, affirming that mere allegations of harassment do not automatically entitle a spouse to allowance if separation is voluntary and unjustified.

The Court dismissed the appeal, upholding the lower court’s order in full.

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