GAURAV VASHISHTHA V. STATE OF U.P. AND ANOTHER

1st June, 2023 – Crl. Rev. No. – 4498 of 2022

ALLAHABAD HIGH COURT

Wife does not have the right to get maintenance from her husband if she willingly leaves the matrimonial home.

The Criminal Procedure Code, 1973 – Section 125(4) – Maintenance to wife – The husband has stated that he had filed an application for divorce and also ready to give one time alimony. The wife agrees with the fact that she left the matrimonial home of her own will. Section 125(4) CRPC, 1973, is clear that no wife shall be entitled to receive any maintenance from her husband if she refused to live with her husband. The wife had left on her own free will, therefore she is not entitled to get the benefit of maintenance provided in Section 125 of CRPC, 1973. As per Section 125(4) of The CRPC, 1973, the impugned order of granting maintenance to wife, is illegal and perverse, accordingly set aside – Revision is allowed.

The Allahabad High Court has declined to grant maintenance to a woman who voluntarily left the matrimonial home.

Justice Prashant Kumar’s bench, while hearing the case, said that it is clear from the provision of Section 125 (4) of CrPC that if a wife refuses to live with her husband, she has no right to get maintenance from her husband, and will not have rights.

The court quashed the order of the Mathura Family Court.

The woman claimed that she had not left the matrimonial home of her own free will. She had said that her in-laws used to demand more dowry than her.

It was said in the petition that the petitioner and his wife were married in 2015. After the marriage in 2017, the medical examination of the woman revealed that she could not become a mother, following which the petitioner lodged a complaint with the police against his wife and her family members. It was alleged by the petitioner that his wife and her family members had assaulted him and his family members.

The petitioner had applied for divorce in January 2018.

In February 2018, the woman filed a case against her husband and his family members under sections 498A, 504, 323, 377 of the IPC under the Dowry Prohibition Act. The counsel for the woman argued that she had not left her matrimonial home. No woman leaves her matrimonial home without any reason. She was forced to do so by her in-laws.

Read full Judgment:

Cr-PC-125-No-Compensation Download

Sample Mock Tests for Practice

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

The Hindu Marriage Act, 1955 (Paper 01: Q. 1 to 25)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 02 Q. NO. 36 TO 70)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 15 Q. NO. 561 TO 600)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 03 Q. NO. 81 TO 120)

AIBE-XV-2021-I (BCI-JAN-2021-SET-C) (ALL INDIA BAR EXAM 2021-I)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

GUJRAT LOWER JUDICIAL SERVICES 2019(1) & (2)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 11 Q. NO. 401 TO 440)

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

AIBE XVII 2023 (BCI-FEB-2023-SET-A) (ALL INDIA BAR EXAM 2023)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 05 Q.NO. 161 TO 200)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 02 Q. NO. 26 TO 50)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 21 Q. NO. 801 TO 840)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 16 Q. NO. 601 TO 640)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 15 Q. NO. 561 TO 600)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 10 Q. NO. 316 TO 350)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

ODISHA LOWER JUDICIAL SERVICES 2011

THE MUSLIM PERSONAL LAWS (PAPER 01 Q. NO. 1 TO 29)

AIBE-XIV-2019 (BCI-SEPT-2019-SET-D) (ALL INDIA BAR EXAM 2019)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 05 Q. NO. 141 TO 175)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2013

UTTARAKHAND LOWER JUDICIAL SERVICES 2018

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 03 Q. NO. 61 TO 90)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 02 Q. NO. 41 TO 80)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 02 Q. NO. 41 TO 80)

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 01 Q. NO. 1 TO 35)