The High Court of Bombay Bench at Aurangabad in the case of Shaikh Basid vs The State of Maharashtra & Yasminabano passed a judgement dated 06.02.2019 and held that a wife who is uncomfortable residing with her in-laws can wilfully reside separately and demand for maintenance.
In the above case the Applicant-husband (husband) and Respondent-wife (wife) got married on 05.05.2002 at Aurangabad and started residing at the husband’s house with his family. Later the problems started to arise and the wife subsequently moved in with her parents leaving the husband’s house on 05.02.2004. The wife was not ready to reside with the husband in his house with his parent’s even after a lot of personal requests by him. She further stated that she has no problem with the husband.
The husband then filed the Petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 (the Act) as amended thereof. The wife pleaded for the maintenance under section 125 of Code of Criminal Procedure, 1973 (Cr Pc), as amended thereof. The Family Court of Aurangabad on 09.02.2005 dismissed the appeal of husband under section 9 of the Act and allowed the plea of the wife under section 125 of Cr Pc 1973 directing the husband to pay Rs. 700/- per month to the wife as maintenance. The husband further contested the same in the High court of Bombay bench at Aurangabad and also prayed to dismiss the maintenance granted by the Family Court Judge.
The Apex Court in the above matter held that, the wife has complete right and is just in leaving the house of the husband if she is uncomfortable for her to reside there, and further the Apex Court upheld the Judgement dated 09.02.2005 of the Family Court.
The Indian Laywer