Matrimonial disputes between Husband and wife before Courts are increasing day by day. The Woman has the right to seek maintenance for herself as-well as for the children if they are staying with the mother.
In various cases, it has also been seen that maintenance has been used as a tool to harass the Husband and in-laws, because there are cases where the wife is well off and husband is facing financial distress, even then the Courts have ordered Husband to pay maintenance.
Recently, a Court ordered Lawyer- Husband to pay maintenance to Wife-Judge.
However, Husbands’ have only few grounds to avoid such liability, which are discussed in this article, but these grounds are relevant for application under Section 125 CrPC and Section 25 HMA, not Section 24 HMA.
Adultery
As per sub-section 4 of section 125 of CrPc, if Wife is involved in Adultery, she will not be entitled to receive maintenance allowance from her husband. Additionally, the consideration of the woman’s income is also disregarded when adultery is proven.
Second Marriage
Where the claimant wife has done second marriage, she forfeits the right to receive maintenance from the husband of the former marriage.
Desertion
When willful refusal or desertion is involved, it disrupts the husband’s obligation to provide maintenance. However, it must be proven that the wife has unreasonably imposed conditions or constraints on living together or has outrightly refused to do so.
Mutual Consent
Where the Husband and Wife are living separately under a mutual agreement, the husband is not required to pay maintenance, but may be liable to amount agreed between the parties mutually,
