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sanjay kumar (Advocate)     21 May 2022

Regarding maintanance

Husband had filed u/s 9 on 03 oct 2020 in family court for restitution of conjugal rights after seven days wife had fir and also filed u/s 125 for maintenance. In 9 she is not ready to go with her husband and she is demanding maintenance for her livelihood. Now my question is that if she is giving refusal to live with me than how she can claim for maintenance.


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 May 2022

Wife is not entitled to maintenance if she has no reasonable cause to live separate. The wife can claim alimony under section 125 of the code of criminal procedure (crpc) if her husband refuses or neglects to maintain her. Section 125 also requires that the wife should be ready to live with her husband.

Dr J C Vashista (Advocate)     22 May 2022

Section 125(4) in The Code Of Criminal Procedure, 1973

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Advocate Bhartesh goyal (advocate)     22 May 2022

Agreed with the opinion expressed by above experts.

Shweta   23 May 2022

Hello Sir

In the cases of section 9 i.e., Restitution of conjugal Rights, the wife is entitled to claim interim maintenance from husband under Section 125 of code of criminal procedure. In the matter of Madhu @ Sanjeev Kumar v. Smt. Lalita Bai 2000 (1) MPHT 524, the Hon’ble High court held that the “plea of the husband was declined that the wife was not entitled even to interim maintenance because of the final decree of restitution of conjugal rights not being complied by the wife, on the ground that the matter was subject matter of trial, and the maintenance was interim.”

The court further held that “the law, as seen, appears to be that even after decree of conjugal rights is obtained by the husband and it is he who is creating situation that the wife is not in a position to comply with the decree, then the right of the wife for maintenance cannot be taken away. But if the wife is in fault, which may appear from non-compliance of the decree of conjugal rights, then she may be disentitled. But those aspects will be tried during the hearing of the petition under Section 125 Cr.P.C.”

 In the present case, the petition of Section 9 is yet to be decided. Hence, the wife in entitled to interim maintenance.

I hope this helps to resolve your query.

MUKUND KUMAR (Lawyer)     28 May 2022

Valid reasons must be presented by wife in the court for not living with husband. On the basis of that court will give the decision about the maintenance.

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