Introduction:

The Madhya Pradesh High Court, in a recent judgment, delved into the intricacies of living separately by mutual consent in matrimonial disputes. Justice Vishal Dhagat observed that when a party reneges on promises made in an agreement to live separately, it cannot be considered living separately by mutual consent. The court’s decision clarified the entitlement to maintenance in such cases, emphasizing the consequences of deviating from agreements. The judgment arose from a revision petition challenging the lower court’s dismissal of a wife’s application for maintenance.

Arguments of Both Sides:

The wife alleged harassment by her husband due to an extramarital affair, leading to an agreement for separate living. The respondent-husband purportedly failed to uphold the agreement’s terms, prompting the wife’s maintenance application. The lower court, proceeding ex-parte against the husband, held that living separately was by mutual consent as per the agreement. The petitioner’s counsel argued against the agreement’s validity, being unregistered, and contended that the husband’s non-compliance justified maintenance.

Court’s Judgement:

Justice Vishal Dhagat, sitting at Jabalpur, scrutinized the agreement and held that the husband’s departure from its promises negated the claim of living separately by mutual consent. The court ruled that the wife, in such instances, is entitled to maintenance under Section 125(5) of the Cr.P.C. The respondent-husband was directed to pay Rs 5,000/month to the wife and Rs 2,500 each to their children. The judgment emphasized the need for compliance with agreements and the consequences when one party backtracks.