Tuesday, February 11th, 2025

The woman is entitled to receive maintenance even if she separates against her will; Big decision of Supreme Court

New Delhi: The Supreme Court has said in an important decision on Friday that even if a woman lives separately from her husband against her will on the basis of valid reasons, she is still entitled to maintenance allowance. The legal question before the bench led by Chief Justice Sanjiv Khanna was whether a husband who has obtained a decree in his/her favor in the matter of restoration of marital life, is entitled to pay maintenance to his/her wife under Section 125 of the CrPC. Can be avoided? If the wife refuses to live with her husband despite the decree and is not willing to live with her husband, is she still entitled to maintenance?

What decision did the Supreme Court give?

The Supreme Court has said in its decision that if the wife has valid and sufficient reasons, then she can claim maintenance even after a decree in favor of the husband for restoring the married life, even if that decree is not followed. Has the right to do so. In fact, under Section 9 of the Hindi Marriage Act, the husband can file an application for restoration of his/her marital rights so that his/her married life can be restored.

Comment in which case?

In the present case, the Supreme Court took into consideration the fact that the husband had neglected his/her wife when she had a miscarriage. During this period, the woman’s husband did not behave well with her. For this reason the court held that the wife had valid reasons for refusing to live with her husband. During this time, the Supreme Court made it clear that by passing a favor decree for the restoration of married life, the man cannot be freed from paying maintenance to his/her wife.

Women cannot be deprived of their rights

The top court said that the provision of Section 125 of CrPC is not designed to deprive women of their rights, but to ensure their social security. The Supreme Court overturned the decision of the Jharkhand High Court and accepted the wife’s appeal and restored the order passed by the Family Court. In this, the husband was directed to pay maintenance of Rs 10,000 per month. The High Court had overturned the decision of the Family Court, which the woman had challenged in the Supreme Court.

Alimony is necessary so that one can have a respectable life

If for some reason there is discord and separation between the couple after marriage, then there is a provision to give alimony. In a historic decision given in 2014, the Supreme Court had said that it is the duty of the husband to provide financial support to his/her estranged wife. For this, even if he/she has to do physical labour, he/she will have to do it. The Supreme Court had said that adequate maintenance allowance is necessary to live a respectable life. Section 125 of CrPC provides for social justice. This decision will become an example in the coming days and women will be able to get financial protection.

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