Should woman who leaves husband get maintenance?

NEW DELHI: The Supreme Court will look into the question of whether a wife who leaves her matrimonial home of her own free will, without any “sufficient reason”, is entitled to maintenance from her husband.

The issue was brought before the top court by a man from Uttar Pradesh, who appealed against a July 19 order by the Allahabad high court that directed him to pay an interim compensation of ₹20,000 per month to his estranged wife.

The matter was heard on October 4 by a bench of justices SK Kaul and KM Joseph that issued a notice to the wife, asking her to appear before it. It ordered the husband to continue paying ₹10,000 every month until the hearing was complete, and stayed the payment of the balance monthly amount for now.

The couple separated after a dispute between the two, said the husband. In his appeal, the husband has contended that since the wife left the matrimonial home willingly, it was not a case of desertion by him, and therefore, he should be freed from paying maintenance.

The Allahabad high court granted the wife maintenance under Section 125 of the Crpc. Under this provision, an aggrieved wife, minor, or dependent parents of a man can file an application before a trial court seeking financial help from him.

As per the husband’s appeal, a matrimonial court in April held that his wife left the matrimonial home without sufficient reasons but directed him to pay a monthly interim maintenance of ₹20,000.

The high court upheld the direction on an appeal filed by the man.