Maintenance granted only to younger daughter; wife's plea dismissed for failing to prove neglect or refusal of maintenance by husband.
In a significant judgment dated August 25, 2026, the Karnataka High Court, before Justice Dr. Chillakur Sumalatha, dismissed a revision petition filed by K.R. Roopa seeking maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C). The wife had challenged the Family Court's order which denied her maintenance claim while directing the husband, B.M. Murlidar, to pay Rs. 8,000 per month as maintenance to their younger daughter along with educational expenses.
The matrimonial dispute arose after the wife left the matrimonial home in 2021, citing harassment by the husband and COVID-related family responsibilities. However, the Family Court found that the wife had left without reasonable cause and that the husband neither neglected nor refused to maintain her. It was noted that the couple had lived together peacefully for over 25 years, during which the husband had fulfilled all financial obligations, including purchasing a house site in the wife's name by taking a loan.
The Court examined evidence including the wife's complaint and her statement to the police which showed that the husband had approached her parents' home requesting her to return. The Family Court concluded that the wife's departure was not justified by any cruelty or neglect by the husband. Consequently, the wife was disqualified from claiming maintenance as per the statutory requirements of Section 125 Cr.P.C. The younger daughter was granted maintenance until marriage or securing suitable employment, reflecting the Court's commitment to the welfare of minor children.
The High Court emphasized the three-fold criteria under Section 125 Cr.P.C for maintenance claims by a wife: neglect or refusal by the husband to maintain her, her inability to support herself, and the husband's financial capacity. The Court reiterated that leaving the matrimonial home without reasonable cause is a valid ground to deny maintenance.
Rejecting the wife's revision petition, the Court upheld the Family Court's order, stating that the wife failed to prove any reasonable cause for her departure and that the husband had discharged his maintenance obligations. The decision reinforces the legal principle that maintenance is a right but not an automatic entitlement, particularly when the wife voluntarily leaves the matrimonial home without justification.
Bottom Line:
Section 125 Cr.P.C. - Wife's claim for maintenance rejected due to absence of reasonable cause for leaving matrimonial home.
Statutory provision(s): Section 125 Cr.P.C.
K.R. Roopa v. B.M. Murlidar, (Karnataka) : Law Finder Doc Id # 2972984
