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'No Maintenance Allowance To Wife For Separation Without Reason', High Court Upheld The Order Of The Family Court

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Amit Kumar
Contributor
February 5, 2026

'No maintenance allowance to wife if she lives separately without reason', High Court (symbolic picture)

JNN, Bilaspur. Chhattisgarh High Court has given an important decision regarding maintenance, saying that if a woman decides to live separately from her husband without any valid reason, then she will not be entitled to maintenance.

In this decision, while upholding the order of the Family Court, the High Court made it clear that monthly maintenance should not be given to the wife.

This decision signals a change in legal standards in matrimonial disputes, in which not only marital relations but also conduct will be important as the basis of justice. This matter came to light on January 27 during the hearing on the petition filed by a Bilaspur resident.

A single bench of Chief Justice Ramesh Sinha said that when the husband had sought restoration of conjugal rights under Section 9 of the Hindu Marriage Act, the wife could have returned home to resume marital life within her rights.

The petitioner was married in February 2019. A few days later, the wife lodged a report in the women's police station against the husband and his family members in October 2020, alleging dowry harassment.

The petitioner filed a case in the JMFC court in November 2020, which was dismissed in March 2021. After this he filed a revision petition before the Second Additional Sessions Judge, which was also rejected. During this time she was living with her parents and had demanded maintenance from the family court.

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