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Chhattisgarh High Court Denies Maintenance to Wife Living Separately Without Valid Reason

The Chhattisgarh High Court has ruled that a wife who leaves her husband without strong and proven justification cannot claim maintenance, stressing that conduct matters more than marital status alone 

05-02-2026
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In a significant legal ruling, the Chhattisgarh High Court has clarified that maintenance cannot be granted solely on the basis of marriage if a wife chooses to live apart from her husband without legitimate cause.

The judgment stemmed from a case in which a woman moved out of her marital home just days after her wedding, accusing her husband and in-laws of demanding dowry and subjecting her to emotional and physical mistreatment. She claimed the family sought a luxury car and ₹10 lakh, and later filed for financial support under Section 125 of the Criminal Procedure Code.

However, the family court in Bilaspur dismissed her plea, noting that the husband had formally expressed his intent to continue the marriage by seeking restitution of conjugal rights. The High Court upheld this decision, stating that the wife failed to present convincing evidence to justify her separation.

The bench observed that when a wife refuses to return to her marital home despite the husband’s legal efforts to reconcile, she forfeits the right to claim maintenance. The court further emphasized that Section 125 CrPC does not protect those who live separately without reasonable grounds.

Legal commentators suggest the ruling strengthens the purpose of maintenance laws — ensuring support for genuinely abandoned or abused spouses while discouraging misuse in cases lacking lawful justification.

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