Maintenance to Wife -- Discord with In-Laws -- Not sufficient reason to live separately
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Discord with In-Laws -- Discomfort of wife with attention of husband towards his parents and family members, or lack of harmony with in-laws, does not constitute sufficient reason to live separately. Such circumstances cannot be construed as a justifiable ground for a wife to abandon the matrimonial home and thereafter claim maintenance. (ii) Criminal Procedure Code, 1973, S.125(4) -- Maintenance to Wife -- False Prosecution and Character Assassination -- Lodging a false prosecution under Section 498-A IPC resulting in acquittal, coupled with unsubstantiated allegations of illicit relationship against the husband, amounts to the gravest form of mental cruelty. Such conduct disqualifies the wife from claiming maintenance under Section 125(4), as it constitutes refusal to live with the husband without sufficient reason. This disqualification does not extend to maintenance of minor children.
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