The Punjab-Haryana High Court has clarified that if a wife lacks the means to support herself and is living apart from her husband for a valid reason, the husband cannot evade his maintenance obligations simply by claiming that she left the matrimonial home voluntarily. The High Court dismissed the husband’s appeal, upholding the Family Court (Bathinda) order that granted maintenance to the wife and daughter.
A division bench comprising Justice Alka Sarin and Justice Harpreet Kaur Jeevan delivered this verdict on an appeal filed by Jagjit Singh. On December 15, 2022, the Family Court had ordered maintenance payments to the wife and daughter, effective from the date the petition was filed (September 18, 2015). They were awarded ₹5,000 per month each; the payment for the daughter was to continue until her marriage, and for the wife, for as long as she remained eligible. Allegations of Dowry Harassment: According to the case details, the wife alleged harassment following the marriage due to bringing insufficient dowry. She also accused her husband of alcohol and substance abuse and physical assault. Although *panchayats* (village councils) intervened as the dispute escalated, the matter remained unresolved. The wife claimed she was physically assaulted and thrown out of the house along with her daughter. Denying these allegations, the husband maintained that his wife had left the matrimonial home of her own accord. He asserted that he remained willing to live with and support both his wife and daughter.
Did Not Leave Without Cause: During the hearing, the High Court observed that the wife’s testimony did not establish that she had left the matrimonial home without a valid reason. Conversely, the husband himself admitted that the wife had returned to live with him on two occasions following *panchayat* interventions. This made it evident that their marital disputes had previously been brought before the *panchayat*. The court also noted that the wife did not have a house of her own to live in, nor did she possess any means of self-sustenance or assets. In contrast, the husband’s financial position was better.
