10 Tips to Counter Claim of Maintenance under Section 125 Crpc. when Wife leave the husband without any reasonable cause and maintenance can be denied

10 Tips to Counterclaim of Maintenace by wife, Maintenace denied to wife

10 Tips to Counter Claim of Maintenance under Section 125 Crpc. when the wife leaves the husband without any reasonable cause and maintenance can be denied. – Supreme Court Landmark Judgments on maintenance denied to wife.

The provision under the Section 125 Cr.P.C. can be availed by the wife to claim maintenance from her husband, if the husband neglect to maintain her wife for any reason and the wife is unable to maintain herself. But this provisions somehow misused by some wives to harass her husbands and try to use their husbands as ATM machines to fulfill their needs to satisfy their egos and anger. The wives leave their matrimonial home and starts living separately from their husband without any reasonable cause and refuses to join back. Later on file complaints under section 125 Cr.P.C. in the courts for claiming maintenance from their husband on the false grounds of cruelty and neglect on behalf of their husband and in-laws.

There are few & limited grounds where the maintenance is denied to the wife like:

•   If the wife refuses to live with her husband without any sufficient reason.
•    If the wife is working and able to maintain herself.
•    If the wife has sufficient means to maintain herself.
•   If the wife is well educated, worked before and after the marriage but left the job only to claim maintenance from the husband.
•    If the wife is living in adultery.
•    If the wife is living separately from the husband with mutual consent.

How to Fight Maintenance under Section 125 CrPC

In this article the author will discuss a few tips to counter the claim of Maintenance by wife on the false ground when the wife is not working, not well educated, husband have no proof of adultery, no mutual consent of living separately but left the company of husband without any sufficient cause. The majority of the cases have the grounds that the wife had left the company of the husband without any reasonable cause and after leaving the house she files the complaint about claiming maintenance by mentioning the reason that she is been ill-treated and expelled from the house due to insufficient dowry or demand of more dowry and she is forced to live separately at her own or with her parents and she is unable to maintain herself and her children and the husband is earning and able to maintain her. She takes the ground of cruelty as the reason for deserting her husband but actually the issue might be different. She might have left the company of her husband because she is not able to cope up with the family members of husband and want to live away from her husband’s family or she, because of her ego or anger left the company of her husband. In these type of cases, the husbands don’t know the way to prove that the wife had left the house on her own sweet will without any reason.

Therefore, in view of the points raised above the question is how to prove that the wife started residing separately without sufficient reason. In this connection the provisions of sub-section (4) of Section 125 of the Cr.P.C., are relevant which read as under:

"No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent".

Therefore, in order to attract the provisions of sub-section (4) of Section 125 of the Cr.P.C., the husband is required to prove that the wife started living separately without any sufficient reason and thereby she disentitled herself for maintenance allowance and in this connection. The decision reported in 1978 CRI. L. J. 1645 in the matter of Mammad Kunhi Vs. Rukhiya, in which Kerala High Court has held that;

"There are three circumstances under which the normal obligation of the husband to maintain the wife will stand negatived. These are: (a) where the wife is living in adultery, (b) where the wife and husband are living separately by mutual consent, and (c) where the wife refuses to live with her husband without sufficient reason. The burden of proving the existence of any of the three circumstances, as the case may be, lies on the husband. The wife's refusal can be proved by the husband indicating that he is willing to allow the wife to live with him, that he is ready to take her to his home for residence with him, but nevertheless, she is not willing. But when one i.e., proved it would be for the wife to show that there are sufficient reasons for her living apart from the husband. The burden of proof of showing the justifiable reason must in such circumstances rest not on the husband".

Therefore, in the light of the above provision of sub-section (4) of Section 125 of the Cr.P.C., and the above judgment, if the husband uses the below tips with the supervision of their advocate, he can be able to discharge his burden as laid down in Kerala High Court judgment and the wife can be denied maintenance.

You Can Contact for the Preparation of the case.

1. Prepare for the well-drafted reply for the complaint u/s 125 Cr.P.C. by mentioning the fact that the wife had left the house and company of husband on her own sweet will without any reasonable or sufficient cause. You Can Contact for the Preparation of the case.
2. Look for contradictions of allegations relating to cruelty and expelling her out of the house in the other complaints like DV Act complain, 498a Complaint -The major ground she had taken in her complaint is that she had been ill-treated and cruelty is done on her by husband & her in-laws. This point can be tackled by any contradiction in the different complaints filed by the wife.
3. Look for the absence of allegation in her statement, other witness statements as compared to her other complaints and the 125 Cr.P.C complaint – Contradictions & Absence of allegations in different complaints & statements of wife will show that the allegations about ill-treatment at the hands of husbands are not true. Favorable 498a Case is an added advantage.
4. Highlighting the point of no evidence to suggest that in view of the strained relationship any effort was made by the parents or relatives to settle the dispute and to effect the conciliation.
5. Highlight the point of no police report regarding the ill-treatment during her stay with her husband and the police complaint after leaving the household will not suffice and it is an afterthought to create the allegations.
6. Once the allegations of ill-treatment and cruelty are tackled by the contradictions & absence, now comes the allegations of neglect that the husband had neglected her for maintaining her by not giving any maintenance. The allegations of neglect can be tackle by taking the facts of taking care of the wife by giving her facilities at the matrimonial home like providing maidservant for cleaning utensils and cleaning the household in order to help her to take care of household. These allegations are useful when the wife alleges that she had been kept as a maidservant. Other facts that she had been taken out for outings on her birthdays, anniversaries to local and outer locations, and any gifts given to the wife on these occasions. The Photographs of such outings can be submitted. Attending festival functions Traditional customary functions will also be included in the outings. All these will help the court to understand the false allegations of neglect. Favorable Restitution of Conjugal Rights (RCR) of the husband is an added advantage. But it doesn’t mean that RCR always helps. Filing RCR at the right time and right scenario can help but it can have other consequences also.
7. Preparation for cross-examination questions depending on the alleged allegations which help in tackling the allegations of neglect and cruelty. In the 125 Cr. P.C cases the cross-examination is a most the crucial stage of the case where the allegations can be a tackle, that’s why this stage of cross-examination will be taken care of with great caution and preparation of relevant questions are very important. You Can Contact for the Preparation of the case.
8. Presentation of proofs such as letter for re-joining by the husband, any recording, messages in which the husband had asked the wife to join back but the wife still not joined back.
9. Present any police complaint filed by the husband in account to his wife & his In-laws atrocity towards him.
10. Examination of defense witnesses from the side of the husband such as family friends, neighbors who can testify the husband’s pretext that they are witness of no cruelty in the house, they will put more weight to the husband’s case. Most importantly examination of witnesses from the husband side who had gone with the husband or on their own to fetch wife but she denied coming back. Remember that statements of witnesses should match with each other.

You Can Contact for the Preparation of the case.

Few of the landmark judgments where the wife is denied maintenance on the ground that she denied living with her husband without any reasonable cause.

·Supreme Court of India in Deb Narayan Halder vs Smt. Anushree Halder on 26 August 2003- The facts disclosed in the pursuance of the case a normal marital relationship and the allegations of torture and harassment did not appear to be true. In view of these findings, the learned magistrate came to the conclusion that the wife had left her matrimonial home on her own and that she was not compelled by the husband to leave her matrimonial home, nor had he threatened the wife with dire consequences if she did not leave his house. There was no ground for the wife to apprehend that if she lived with the husband her life would be in danger and that she will be subjected to torture or cruelty. In sum and substance, she had no justifiable reason to desert the husband. The fact that the application for grant of maintenance was filed within four days of her leaving her matrimonial home without any effort for reconciliation, was also significant. The learned Magistrate, therefore, held that the respondent had left her matrimonial home without any justifiable ground was not entitled to the grant of maintenance.

· Supreme Court of India in Rohtash Singh vs Smt. Ramendri And Ors on 2 March 2000 held that If the marriage subsists, the wife is under a legal and moral obligation to live with her husband and to fulfill the marital obligations. She cannot, without any sufficient reason, refuse to live with her husband. "Sufficient reasons" have been interpreted differently by the High Courts having regard to the facts of individual cases.

If you like the article share to other needful person and comment for any questions. You Can Contact for the Preparation of the case. 

WhatsApp