No Maintenance for Wife Living Separately Without Reasonable Cause: Jharkhand HC Applies Section 125(4) CrPC
In a significant ruling, the Jharkhand High Court has set aside the lower court’s order granting maintenance to a wife living separately from her husband without sufficient reason, underlining the provisions of Section 125(4) of the Code of Criminal Procedure (CrPC).
Legal Point of the Judgement:
The Court focused on the eligibility for maintenance under Section 125(4) of the CrPC, which precludes a wife from receiving maintenance if she is living separately from her husband without sufficient reason.
Facts and Issues of the Case:
The case involved a marital dispute between Amit Kumar Kachhap and Sangeeta Toppo, with allegations of dowry demands, cruelty, and adultery. Sangeeta Toppo accused Amit of cruelty and adultery, leading to her leaving the matrimonial home. Amit contended that Sangeeta left voluntarily and even remarried, disentitling her to maintenance.
Court Assessment:
The Court meticulously evaluated the testimonies and evidence presented. Sangeeta Toppo and her mother testified about the alleged cruelty and dowry demands, but contradictions arose regarding Sangeeta’s claims of pregnancy and abortion. Amit Kumar Kachhap and his witnesses challenged these claims, insisting on her voluntary abandonment and subsequent remarriage.
The Court noted, “In view of the overall evidence adduced, it is found that the respondent-applicant has been residing aloof from the husband without any reasonable cause.” The prescription from Dr. Indu Chouhan, which indicated Sangeeta’s pregnancy, was a critical piece of evidence that contradicted her claims.
Decision: The High Court ruled that Sangeeta Toppo was not entitled to maintenance, as she failed to establish a reasonable cause for living separately from her husband. The Court set aside the lower court’s order that had granted her a monthly maintenance of Rs. 15,000.
Date of Decision: February 2, 2024
Amit Kumar Kachhap vs. Sangeeta Toppo,
