The Kerala High Court has ruled that a wife who chooses to live separately from her husband without sufficient cause is not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).

Emphasising the significance of marital obligations, the Court observed that the right to each other's society, comfort, and affection—commonly known as consortium —is a fundamental aspect of marriage. It further stated that when either spouse withdraws from the company of the other without justification, it amounts to a breach of marital duties.

The ruling came in response to a petition filed by a husband challenging a Family Court order directing him to pay maintenance to his estranged wife. The couple, married in 2008, has a daughter. The husband argued that his wife abandoned him and their child in 2015 without any valid reason. He also pointed out that the Family Court had granted him guardianship of their daughter, reinforcing the claim that the wife had left without cause.

The wife, however, claimed she was compelled to leave due to her husband's ill-treatment. The High Court, after reviewing the evidence, found no substantial proof supporting her allegations. It also noted that she had not filed any complaints of ill-treatment with the police.

Referring to Section 125(4) of the CrPC (now Section 144(4) of the Bharatiya Nyaya Sanhita), the Court clarified that a wife who lives apart on valid grounds—such as cruelty or desertion—is still entitled to maintenance. However, in the absence of such grounds, she cannot claim financial support from her husband.

Since the wife failed to establish any justifiable reason for living separately, the Court allowed the husband's revision petition and set aside the Family Court’s maintenance order.
(With LiveLaw inputs)