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Grounds on which the wife can be refused maintenance u/s.125 CrP.C

Grounds on which the wife can be refused maintenance:

(i) The wife must not be living in adultery:

As per Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under Section 125 if she is living in adultery.

(ii) Wife must not refuse without sufficient reasons to live with her husband:

According to’ Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance from her husband, if she refuses to live with her husband. Wife must not refuse to live with her husband without sufficient reason to get maintenance. What could be considered as a sufficient reason for the wife’s refusal to live with her husband would depend upon the facts and circumstances in each case. As per explanation to Section 125(3) of the Code, if a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be a just ground for his wife’s refusal to live with him.

(iii) The wife must not be living separately by mutual consent:

As per Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance from her husband if they are living separately by mutual consent.

A divorced wife cannot be characterized as a wife living separately by mutual consent. A divorced wife is a person who lives separately from her former husband by virtue of a change in status consequent upon the dissolution of the marriage.

A divorce decree by mutual consent to live separately cannot disentitle the wife to claim maintenance. The concept of living separately by mutual consent arises so long as the marriage subsists and the parties agree to live separately by consent. Where the marital relations have been terminated by an agreement, the wife would be entitled to claim maintenance from her ex-husband so long she remains unmarried and is unable to maintain herself.

(iv) The wife must not relinquish her right to maintenance:

In the case of divorce by mutual consent if the wife had relinquished her right to maintenance, she cannot later claim maintenance.

Other than above ground. one can counter wifes Maintenance claims if she..

a). come to court with UNCLEAN HANDS.

B) Well Educated

c) Maintain herself

d) Working or have sufficient means to look after herself.

e) Deserted husband without valid reasons.

f) if No domestic Violence proved.

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