In a ruling that reshapes the conversation around spousal responsibilities, the Kerala High Court made it clear: a wife cannot claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) if she chooses to leave her husband without a justifiable reason.
The verdict came in a long-standing marital battle where the wife had been awarded ₹25,000 per month by a family court despite having voluntarily exited the marriage in 2015. The husband, contesting the order, took the fight to the High Court—arguing that his wife left their home without provocation and abandoned their two-year-old child in the process.
The bench, presided over by Justice Kauser Edappagath, closely examined the timeline: marriage in 2008, child in 2013, disputes surfacing in 2015, divorce granted in 2017. What stood out wasn’t just the dates—it was the absence of evidence. No police reports. No medical records. No formal complaints of cruelty or abuse.
In fact, the family court’s own observation revealed the wife left in what appeared to be a punitive move—to “teach him a lesson.” That, the High Court said, was no ground for maintenance.
Quoting the very crux of Section 125(4), the judgment underscored that a spouse who walks away from the marriage without cause effectively walks away from their claim to financial support.
The Court also leaned into a deeper idea—marriage is not just a social contract but an emotional and personal one built on mutual companionship. The right to each other’s presence, support, and affection—what the law calls consortium—isn’t optional. A one-sided withdrawal without grounds, the Court explained, amounts to abandoning marital obligations.
Finding that the wife’s separation was not backed by any credible justification, the High Court overturned the lower court’s maintenance order—marking a firm stance that spousal duties go both ways, and entitlements aren’t automatic.
With this ruling, the High Court reminds us: rights in marriage come with responsibilities, and leaving without reason doesn’t come with a monthly cheque.
