09 Jun 2026 08:27 AM

Maintenance to Wife -- Refusal to Cohabit -- Ill-treatment or inability to live with dignity constitutes sufficient cause under Section 125(4) CrPC

Criminal Procedure Code, 1973, S.125(4) -- Maintenance to Wife -- Refusal to Cohabit -- Torture, ill-treatment, or circumstances where a wife cannot reasonably hope to live with dignity at the matrimonial home constitute sufficient cause to refuse to live with the husband and claim maintenance -- The bar under S.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 raised, 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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