Bom HC | Wife, not comfortable living due to the in-laws’ attitude has right to live separately and demand maintenance

Bombay High Court: The Bench comprising of V.K. Jadhav, J., while pronouncing an order stated that, “if the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, and if she resides with her parents because of the said reason, in my considered opinion, the wife has just cause to live separate and demand maintenance.”

As per the facts of the case, the applicant husband stated that the respondent-wife lived with him for 5 to 6 months since the time of marriage and left his house thereafter. She used to quarrel with the parents, the brother and the sister of the applicant-husband. Lastly, respondent-wife left his house and started residing with her parents. It has been further stated that applicant is young and needs her company and accordingly, he filed the application for restitution of conjugal rights.

Respondent-wife stated that applicant-husband’s mother used to ill-treat her and beat her, applicant also used to beat her on the say of his mother. She further stated that she was ready to join his company if he keeps her separate and executes an undertaking for giving good treatment to her as she apprehends danger to her life. Respondent-wife also filed an application for grant of maintenance under Section 125 CrPC.

Thus, the High Court on observing the given contentions by the parties and noting the situation prevailing in the present case stated that, “In the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is required to be given to the wishes of the wife.”

As in regard to the husband’s contention that wife had no just cause to live with her parents as the relationship between them was cordial, for the stated contention the Court stated that, If wife is not comfortable because of the parents of her husband and the treatment given to her by them, and if she resides with her parents because of the said reason, wife has just cause to live separate and demand maintenance.”

Therefore, the Court found no mistake in the judgment and order passed by the judge of the family court rejecting application filed by applicant-husband seeking restitution of conjugal rights and the maintenance of Rs 700 per month as decided by the learned Judge of the Family Court is rightly stated and there is no interference required. [Shaikh Basid v. State of Maharashtra, 2019 SCC OnLine Bom 220, Order dated 06-02-2019]

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    And what if wife is well qualified and capable of maintaining herself by her own earning as in some recent judgements it has been made clear that well qualified wives are not entitled to any maintenance from their husbands .

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