Introduction:

The Jharkhand High Court rules that a wife, choosing to live separately from her husband without valid reason, is ineligible for maintenance under Section 125 (4) of the Code of Criminal Procedure, 1973. Justice Subhash Chand highlights the importance of reasonable cause for living apart in maintenance claims.

Arguments:

In a maintenance case, the wife alleges dowry demands, neglect, and an extramarital affair by her husband, seeking Rs. 50,000 per month. The husband contends that their tribal marriage follows community customs, and the wife’s departure lacked reasonable cause, justifying her exclusion from maintenance.

Court’s Observations:

The court scrutinizes the wife’s actions, noting her one-month stay in the matrimonial home and the absence of reported abuse during this time. It highlights her departure after allegations of an extramarital affair and legal cases against her. The court deems her separation unjustified, invoking Section 125 (4) to deny maintenance.