Maintenance--Refusal to Cohabit--Ill-Treatment or Inability to Live with Dignity Constitutes Sufficient Cause Under Section 125(4) CrPC
Torture, ill-treatment, or circumstances where a wife cannot reasonably hope to live with dignity at the matrimonial home constitute sufficient cause for a wife to refuse to live with her husband and claim maintenance under Section 125 of the Code of Criminal Procedure. The bar under Section 125(4) CrPC does not apply where such sufficient cause is established. The burden to prove that the wife is refusing to live without sufficient reason lies on the husband; once proved, the wife must show justification for living apart. An offer to cohabit must be bona fide and not merely to escape maintenance liability.
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