New Delhi: Wives are entitled to maintenance from their husbands, even if she is not abiding by cohabiting decree with their spouse, if she has valid, sufficient reason to do so, the Supreme Court of India ruled. The significant ruling was pronounced by a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar while examining the question of whether a husband is absolved of paying maintenance to his wife by virtue of law if his wife refuses to return to the matrimonial home or live with him even after he secures a decree of restitution of conjugal rights, PTI reported.
The bench said there can be no hard and fast rule in this regard, and it must invariably depend on the circumstances of the case.
It said the question as to whether noncompliance with a decree for restitution of conjugal rights by a wife would be sufficient in itself to deny her maintenance, owing to Section 125(4) of CrPC, has been addressed by several high courts but no consistent view is forthcoming, as their opinions were varied and conflicting.
After analysing various judgements of the high courts and the apex court, the bench said, "Thus, the preponderance of judicial thought weighs in favour of upholding the wife's right to maintenance under Section 125 CrPC and the mere passing of a decree for restitution of conjugal rights at the husband's behest and noncompliance therewith by the wife would not, by itself, be sufficient to attract the disqualification under Section 125(4) CrPC."
The bench said it would depend on the facts of the individual case, and it would have to be decided on the strength of the material and evidence available whether the wife still had valid and sufficient reason to refuse to live with her husband despite such a decree.