Supreme Court Rules Maintenance Cannot Be Denied to Wife Over Refusal to Reconcile

New Delhi (The Uttam Hindu): In a landmark judgment reinforcing a woman's autonomy, the Supreme Court ruled on Friday that a husband cannot deny maintenance to his estranged wife solely because she refuses to live with him even if he has obtained a decree for restitution of conjugal rights. Such decrees direct a wife to return to her husband but do not justify a blanket denial of financial support under Section 125 of the Criminal Procedure Code (CrPC). The bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar clarified that a wife's decision not to resume cohabitation with her husband could stem from various legitimate reasons and should not leave her without financial support.

“The mere passing of a restitution of conjugal rights decree and a wife’s refusal to comply cannot on its own, disqualify her from receiving maintenance under Section 125(4) of the CrPC,” the bench observed emphasizing the protective intent behind the provision to safeguard destitute wives, children and parents against financial hardship. The court underlined that the objective of Section 125 is to provide relief to those abandoned or neglected by their families ensuring they are not left in financial distress or vagrancy. It stressed that denying maintenance based solely on non-compliance with such decrees undermines the welfare-oriented essence of the law. This judgment affirms the right to maintenance for women and highlights the judiciary's role in balancing individual autonomy with social justice.