Can a Magistrate refuse to grant maintenance to a wife? If so, under what circumstances can the maintenance of the wife be refused?

Question: Can a Magistrate refuse to grant maintenance to a wife? If so, under what circumstances can the maintenance of the wife be refused? [WBJS 1993, U.P. A.P.O., 1996]

Find the answer to the mains question only on Legal Bites. [Can a Magistrate refuse to grant maintenance to a wife? If so, under what circumstances can the maintenance of the wife be refused?]

Answer

Section 125(4) of CrPC states that no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of the proceeding, as the case may be, from her husband under this section-

(1) if she is living in adultery, or

(2) if without any sufficient reason, she refuses to live with her husband, or

(3) if they are living separately by mutual consent.

In Major Ashok Kumar Singh v. Vlth Addl. Sessions Judge, (1991) CriLJ 2357, it was held that unless otherwise, women are qualified to get maintenance, education of wife cannot act as disqualification so far as her right to obtain maintenance is concerned. But the husband may oppose the claim of the wife on any of the following grounds-

(i) that he does not have sufficient means.

(ii) that she is able to maintain herself.

(iii) that he has not neglected or refused to maintain her.

(iv) that she is living in adultery.

(v) that she is living separately by mutual consent.

Section 125(5) gives power to Magistrate to cancel the order of maintenance. It states that on proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

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