TV
The Orissa High Court has upheld a Family Court ruling in Baripada, affirming that a husband must provide financial maintenance to his wife who opted to live separately. In a recent judgement, the court highlighted that a woman is justified in leaving her husband if he makes groundless allegations against her character.
“When the husband raises doubt about her character, she is perfectly justified to refuse to live with her husband,” the court observed in the judgement.
As per the case diary, the couple married on 5 May 2021, but their relationship faced turmoil soon thereafter. The woman departed her marital residence on 28 August 2021 to reside with her parents after her husband allegedly raised questions on her character.
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The husband contested the Family Court's verdict, arguing that his wife had no legitimate reason to leave the marital home. He alleged infidelity on her part alleging she was having relationship with another person.
However, he failed to provide evidence to substantiate his claims.
However, Justice Gourishankar Satapathy observed, “It is quite natural for a wife to refuse to live with her husband who doubted her chastity, in as much as the chastity of a woman is not only dearest to her, but also a priceless possession in her. Thus, when the character of wife is being doubted by her husband without any proof, she has enough reason to live separately from her husband.”
“In this case, without producing any proof about the infidelity of his wife, the husband has simply made character assassination of his wife which itself is a ground for wife to refuse to live with her husband. Hence, the plea of the husband in this case about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration,” Justice Satapathy observed in his order.
Justice Satapathy further endorsed the Family Court’s direction to the husband to pay monthly maintenance of Rs 3,000 to wife.
