Chhattisgarh High Court Rules Women Not Entitled to Alimony if Living Separately Without Just Cause

Raipur, Chhattisgarh: The Chhattisgarh High Court has delivered a landmark ruling, stating that a married woman who lives separately from her husband without any valid reason is not entitled to maintenance under Section 125 of the Criminal Procedure Code. The court emphasized that simply being married does not automatically grant a right to alimony; the conduct of both spouses must also be considered.

Separation Just Four Days After Marriage:

According to court documents, a woman had filed a petition seeking maintenance just four days after her wedding. She left her husband’s home, alleging dowry harassment and physical abuse, claiming that her in-laws demanded ₹10 lakh and a car as dowry.

During the hearings, the husband stated that he had made multiple efforts to reconcile and requested the family to restore marital harmony. He even approached legal authorities to facilitate his wife’s return.

High Court Upholds Family Court Order:

The Bilaspur Family Court had earlier dismissed the woman’s maintenance petition. Upon appeal, the Chhattisgarh High Court examined both parties’ arguments and upheld the Family Court’s decision. The bench noted that when a wife leaves her matrimonial home without sufficient reason and refuses to return despite the husband’s lawful efforts, she cannot claim maintenance. Section 125 of the CrPC specifically bars the granting of alimony in cases where the wife voluntarily stays away without just cause.

This ruling reinforces the principle that the right to maintenance is conditional upon the conduct and circumstances of both spouses, ensuring that baseless claims are not granted by default.