The High Court in Allahabad noted that a wife living separately from her husband without a valid reason is not authorized to maintain and cancel the order of the family court, which grants maintenance to married woman.
The justice of Subhas Chandra Sharma, who was filed by the marital husband of the female husband, VIPUL Agrawal, canceled the maintenance regulation of 17 February approved by another main judge of the family court in Meerut.
“The court of court has noticed that the wife had not proved to live separately from her husband with sufficient reasons, and the husband neglected to keep her, even if the maintenance amount was determined in favor of the wife for 5,000 GBP per month.”
“Pursuant to the provisions contained under Section 125 (4) of the Code of Criminal Procedure (CRPC), if the wife lives separately from the spouse for sufficient reasons, he is not entitled to maintenance,” the High Court said.
During the hearing, the attorney stated that the court of the court recorded the finding that the wife lives independently from his husband without sufficient reasons. Nevertheless, the family court set the maintenance amount at 5,000 GBP per month.
He also stated that the Court did not consider the petitioner’s capacity, but set the amount of maintenance in favor of the wife and the minor for 5,000 and 3,000 ₹, a total of 8,000 GBP per month.
However, a lawyer representing a woman and a state advisor claimed that he lives separately from his husband because of his neglect, and therefore the court allowed the court to apply and set the amount of maintenance.
The Court of Justice, which allowed a petition to revise the spouse, said: “Due to the above mentioned findings, as the court recorded in connection with the second issue, and set the amount of 5,000 GBP per month in favor of the wife, both contrary and contrary to the provisions contained in Section 125 (4). the court to decide again after the opportunity to provide the opportunity to both parties.
However, the court explained that the petitioner would continue to pay CZK 3,000 per month for his wife and 2,000 GBP per month as interim maintenance during the friendliness of the application.
Published – 13 July 2025 06:43 IS
