By Shweta Jena
In a significant verdict, the Supreme Court ruled that wives can rightfully claim maintenance from spouses despite defying to cohabit if they have a valid reason to refuse to reside with their spouse, under Section 125 of the Code of Criminal Procedure, 1973. The case adjoining the judgement was of a couple from Jharkhand, who tied the knot on May 1, 2014, and parted ways in August 2015.
On 10 January, Friday, the bench consisting of CJI Sanjiv Khanna and Justice Sanjay Kumar addressed the issue of whether a husband who obtains a decree of restoration of conjugal rights is legally exempt from providing maintenance to his wife if she refuses to follow the decree and returns to the marital residence. Justice Sanjay Kumar gave the verdict that a wife’s denial to comply with a decree of matrimonial rights under Section 9 of the Hindu Marriage Act, 1955, for valid reasons would not hinder her way of claiming maintenance from her spouse, under Section 125 of the CrPC.
It said the law of giving the wife the right to claim maintenance from the husband would vary as per individual cases and would be decided based on the evidence available, whether the wife has sufficient and valid grounds for refusing to cohabit with her husband, despite such a decree.
The verdict stated, ‘There is no hard-and-fast rule in this area; instead, it always depends on the unique facts and circumstances that arise in each situation. In any case, it is said that a husband’s decree for the restoration of marital rights and the wife’s noncompliance with it would not immediately determine whether she would be eligible for maintenance or if the disqualification under Section 125(4) CrPC would apply.’
In the case adjoining the verdict, the Court ruled that the husband (respondent) completely neglected his wife (the appellant) after her miscarriage, mistreating her in their marital home. It further added that the husband could not be released from his obligation to support her, even if the woman had disregarded the decision of restoration of marital rights.
On March 23, 2022, the family court issued a decree for the restoration of conjugal rights, noting the husband desired to cohabit with his wife. The wife, however, disregarded the order and instead petitioned the court for maintenance, forcing her husband to pay Rs 10,000 a month. The husband then appealed the order to the Jharkhand High Court which ruled in favour of him saying the wife was not entitled to maintenance. Discontented by the order, the wife challenged it before the Supreme Court, which ruled in her favour and directed the husband to pay Rs 10,000 to his wife.