Maintenance · 9 July 2026
Husband's Care Towards Elderly Parents Is Not a Ground for Wife to Live Separately and Claim Maintenance
High Court of Madhya Pradesh (Indore Bench) · 2026 LiveLaw (MP) 258
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The wife left the matrimonial home and claimed maintenance, contending that the husband paid greater attention and care to his aged parents and family members rather than to her.
The High Court held that a husband's care and attention towards his parents cannot, by itself, constitute a legally sufficient reason for a wife to live separately and claim maintenance under Section 125 CrPC. Living separately without sufficient cause invokes the bar under Section 125(4) CrPC.
Relevant provisions: Section 125(4) CrPC (Section 144(4) BNSS, 2023)
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