A recent decision of the Allahabad High Court has shed important light on when maintenance under Section 125 CrPC can be denied. The Court upheld a Family Court’s order refusing maintenance to a woman after concluding that she was living separately without sufficient cause, had made contradictory statements, and had concealed material facts before the court.
This judgment is a strong reminder that courts grant maintenance only when the applicant approaches with clean hands, credible evidence, and truthful disclosure.
Background of the Case
The applicant-wife sought maintenance under Section 125 CrPC, claiming neglect and cruelty. The husband opposed the claim, stating that:
- she had voluntarily left the matrimonial home,
- a mutual settlement/divorce had taken place in the village panchayat, and
- she had remarried another man.
The Family Court dismissed her maintenance application. The wife challenged this order before the Allahabad High Court, which upheld the dismissal after examining the entire record.
Key Reasons Why the Court Rejected the Wife’s Maintenance Claim
1. Separate living was voluntary and not due to cruelty or sufficient cause
During cross-examination, the wife admitted that she had voluntarily left the matrimonial home and she had been living at her parental house since then. She considered the match “incompatible” because she belonged to a wealthy family and the husband belonged to a poor household.
These admissions led the court to conclude that she was not forced out, nor was there credible evidence of cruelty. The separation was by choice.
2. Suppression and manipulation of documents
The wife had an Aadhaar Card (2016) showing the husband’s name and later got it amended in 2017 to replace the husband’s name with her father’s name. However, she still filed the maintenance application using the older Aadhaar card, concealing the amended record.
The Court viewed this as a deliberate attempt to mislead. No explanation was given for why the amended Aadhaar was not filed, why she changed marital details in Aadhaar or why she didn’t challenge the voter record showing another man as her husband.
3. Evidence suggesting a second relationship / remarriage
The husband produced a voter list showing her husband’s name as Navrang Paswan and a certificate from the Village Pradhan stating she had married this man on 15 May 2018.
The woman denied this, but the Court noted she took no legal steps to get these documents cancelled, nor filed any complaint alleging forgery.
While the Court did not conclusively decide adultery, it said the evidence prima facie indicated she was living with another man, which falls under the bar in Section 125(4) CrPC.
4. Lack of credible evidence of cruelty or neglect
She alleged that the husband became abusive after joining the police as a constable, but the Court found this allegation to be unsupported and unconvincing after reviewing the evidence.
5. Evidence of bias and unreliable witnesses
The court found her primary witness (Vimla Devi) to be a stock witness, further weakening her case.
What Does the Law Say? Section 125(4) CrPC
Section 125(4) of the Code of Criminal Procedure (CrPC) lays down the exceptions—the situations in which a wife is not entitled to claim maintenance from her husband. While Section 125 is a beneficial and welfare-oriented provision meant to prevent destitution, subsection (4) ensures that the remedy is not misused and that only a wife who is deserving, truthful, and without misconduct receives support.
A wife is not entitled to maintenance if:
- She is living in adultery,
- She refuses to live with her husband without sufficient reason,
- They are living separately by mutual consent.
The court found that her conduct fell within these bars, especially because:
- her separation was voluntary,
- she failed to give a justified cause,
- and there were prima facie indications of another relationship.
High Court’s Final Decision
The Allahabad High Court refused to interfere with the Family Court’s findings, holding that:
- the trial court’s conclusions were based on proper appreciation of evidence,
- there was no illegality or perversity,
- a revisional court cannot re-evaluate evidence unless findings are grossly incorrect.
Accordingly, her revision was dismissed.
Frequently Asked Questions
1. Can a wife get maintenance if she leaves her husband on her own?
Only if she shows a “sufficient cause”—like cruelty, danger to life, or neglect.
If separation is voluntary or based on personal preference, maintenance may be refused.
This judgment is a clear example.
2. Does a wife get maintenance if she remarries?
No. Remarriage completely bars maintenance under Section 125(4) CrPC. Even prima facie evidence of another live-in relationship can result in denial.
3. Does filing false documents affect maintenance claims?
Yes. Courts take a strict view. If a claimant conceals, suppresses, or manipulates records, the claim can be rejected on that ground alone.
4. Can a Panchayat divorce be recognized as legal?
No, village panchayat divorces have no legal sanctity. But even if such a divorce is invalid, a wife must still show she left due to valid, lawful reasons.
5. Can maintenance be rejected if the wife belongs to a wealthy family?
Not normally. But in this case, her own admission that she left because of an “incompatible match” (rich vs poor) undermined her claim that she was driven out or neglected.
Conclusion
The Allahabad High Court’s decision serves as a strong precedent on clean conduct and truthful disclosure in maintenance litigation. While Section 125 CrPC is a beneficial provision meant to protect women from destitution, it cannot be misused by making false allegations or concealing facts.
