Woman not entitled to maintenance if living apart sans valid reason: HC

RAIPUR: A woman who chooses to live separately from her husband and in-laws without valid and sufficient reason is not entitled to a maintenance allowance, Chhattisgarh high court has ruled, upholding the order of the Bilaspur family court.

The judgment came on Jan 27 on a petition filed by the wife of a Bilaspur resident, challenging the family court’s order refusing her maintenance.

A bench headed by Chief Justice Ramesh Sinha held that the family court’s order showed no illegality or defect warranting interference by the HC.

The HC noted that when the husband had filed a petition seeking restitution of conjugal rights, the woman could have returned to her matrimonial home to resume marital life. She did not, and in such circumstances, the court held, she cannot claim maintenance.

The woman had also alleged harassment for dowry by her husband and his family members. She claimed that just four days after marriage, she was asked to bring a car and Rs 10 lakh, assaulted and subjected to verbal, physical and mental cruelty.

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