Wife Entitled to Maintenance Even if Living Apart Despite Restitution Decree

The Supreme Court of India has ruled that a wife can seek maintenance under Section 125 Cr.P.C. even if she does not wish to live with the husband, despite an order for Restitution of Conjugal Rights.

The wife had valid reasons to stay away due to mistreatment after a miscarriage. It dismissed the husband’s claim regarding Section 125(4) Cr.P.C.

Citing Kirtikant D. Vadodaria v. State of Gujarat (1996) and Amrita Singh v. Ratan Singh (2018), the Court noted that maintenance decisions depend on each case's specific circumstances.

The order of the Family Court regarding monthly maintenance of Rs. 10,000 was restored, setting aside the decision abolished by the Jharkhand High Court.