My wife has left me and is living separately at her parents’ house. She has clearly told me she will not come back to live with me. Despite this, she has filed an application for maintenance in court. I feel it is unfair because she left me on her own and I did not ask her to leave. Am I still legally bound to pay her maintenance when she is refusing to live with me?
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Your concern is common, and the law has a clear position on it. Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a husband has a legal obligation to maintain his wife if she is unable to maintain herself. The law is designed to prevent neglect and ensure that a woman does not suffer financially, even if the marriage is not working.
However, there are important exceptions. If a wife is living separately without a reasonable cause — for example, she left the matrimonial home without any cruelty, neglect, or compelling reason — then the court may deny her maintenance. The law recognizes that a husband should not be forced to pay if the wife abandoned him without justification. On the other hand, if she can prove that she left because of cruelty, harassment, lack of financial support, or ill-treatment, then her demand for maintenance will be valid and enforceable.
Courts generally examine the facts of the case very carefully. Evidence such as cruelty, refusal to provide money, or physical/emotional abuse will weigh in her favor. If none of these reasons exist and she simply refuses to return without any justification, the husband has the right to contest the claim and request the court to dismiss or reduce the maintenance order.
In conclusion, you may not always be bound to pay if her separation has no reasonable cause. But if she can establish that her living separately is justified, you will still be legally required to provide maintenance...
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