Patna High Court Clarifies Wife Entitled to Maintenance Unless Desertion is Judicially Proven

The Patna High Court has reaffirmed that a wife cannot be denied maintenance under Section 125 CrPC on the ground of desertion unless the allegation is judicially established in matrimonial proceedings. 

The Court dismissed the husband’s challenge to a Family Court order directing him to pay ₹22,000 per month, noting that revisional jurisdiction cannot reappreciate facts without illegality. 

Justice Arun Kumar Jha observed that any modification can only follow a competent court finding the wife’s desertion unjustifiable.

The husband’s plea, citing a pending Section 9 HMA case seeking restitution of conjugal rights, was insufficient to defeat her claim.

[Vivek Kumar Singh v. State of Bihar]