Spouses Who Depart from Marriage Rendered Ineligible for Maintenance

In a seminal decree, the Family Court of Jabalpur district within the jurisdiction of Madhya Pradesh, under the auspices of Chief Justice K N Singh, has pronounced that a spouse who elects not to cohabit with her husband forfeits any claim to maintenance.

This pronouncement was rendered in response to an application brought forth by Sachin Tantuvay, a resident of Jabalpur, represented by legal advocates GS Thakur and Arun Kumar Bhagat.

The petitioner, hereinafter referred to as Kumar (Name Changed), asserted that his wife vacated their matrimonial domicile and relocated to her parental abode on December 15, 2020. Subsequently, she petitioned for maintenance upon receipt of a notice from her husband.

Moreover, the wife instigated legal proceedings against Kumar, alleging dowry harassment, and lodged a complaint concerning the dishonor of a check amounting to Rs 12 lakh.

Throughout the judicial proceedings, the wife manifested her disinclination to reconcile with her husband. After due consideration of the presented contentions and jurisprudential references, the court dismissed the wife’s maintenance application.

This decree establishes a legal precedent regarding maintenance entitlement in circumstances wherein the wife opts to terminate cohabitation with her husband, thereby constituting a significant development in family court jurisprudence.