Is it legal for a woman to live separately from her husband and still claim maintenance?

Answer

A:  Yes, under Section 125 of the Code of Criminal Procedure (CrPC), a woman can claim maintenance from her husband while living separately if there is sufficient cause..

Answer

A:

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 144 addresses the right to maintenance for wives, children, and parents. Here is a simplified explanation:

1. Who Can Claim Maintenance:

   • A wife who is unable to support herself can claim maintenance from her husband. This includes women who have been divorced but have not remarried.
   • Legitimate or illegitimate children, whether married or unmarried, can also seek maintenance if they cannot support themselves due to physical or mental disabilities.
   • Parents who are unable to maintain themselves can request maintenance from their children.

2. Conditions That May Prevent a Wife from Claiming Maintenance:

   • A wife cannot claim maintenance if she is living in adultery, refuses to live with her husband without a valid reason, or if both parties have mutually agreed to live separately.
   • If the court finds that the wife is living in adultery or refusing to live with her husband without a valid reason, the maintenance order can be canceled.

3. Interim Maintenance:

   • The court may order temporary (interim) maintenance while the case is being decided. The aim is to resolve interim maintenance requests within 60 days from when the notice is served.

4. Payment and Enforcement:

   • Maintenance is generally payable from the date of the court order or the date of the application, as determined by the court.
   • If the person ordered to pay maintenance does not comply, the court can issue a warrant for recovery. The court may also impose imprisonment of up to one month or until the payment is made.

5. Valid Reasons for Refusing to Live Together:

   • If the husband has married another woman or is keeping a mistress, the wife is justified in refusing to live with him, and the court may still grant maintenance.

These provisions aim to ensure that those who are dependent on financial support receive it while considering the conduct and circumstances of both parties involved. This section provides a fair framework to protect the rights of spouses, children, and parents in cases where maintenance is necessary