Wife Who Deserts Husband Not Entitled to Past Maintenance: Kerala High Court

The Kerala High Court has held that a wife who deserts her husband without reasonable cause is not entitled to claim past maintenance for the period of separation.

Setting aside a Family Court order, the Court ruled that once desertion is proved, awarding past maintenance is legally unsustainable. 

Interpreting the Divorce Act,1869, the Bench clarified that “desertion” implies abandonment of marriage against the other spouse’s wishes and without reasonable cause, even though the Act does not expressly say so.

Applying constitutional principles of fairness, the Court upheld return of gold ornaments but denied past maintenance to the wife.