No Maintenance if Wife Lives Separately Without Valid Reason: Delhi High Court
The Delhi High Court has held that a wife is not entitled to past maintenance if she chooses to live separately from her husband without any justifiable or valid reason.


Case Background
The case arose from a marital dispute in which the Family Court had directed the husband to pay arrears of maintenance to his wife. The husband challenged this order before the Delhi High Court, arguing that the wife had left the matrimonial home on her own and without sufficient cause.

Maintenance Lawyer Chandigarh Panchkula Mohali


High Court’s Ruling
A Division Bench of the High Court set aside the Family Court’s order granting arrears of maintenance. The Court observed that under matrimonial law, if a wife voluntarily leaves her husband without reasonable cause, she cannot later claim maintenance for the period of separation.


The Court clarified that it was not disputed that the wife had left the matrimonial home, and there was no finding that the husband had abandoned her without cause.


Constitutional Perspective
The High Court rejected the argument that treating “desertion” differently would violate Articles 14 and 21 of the Constitution. It held that the relevant maintenance law predates the Constitution and must be interpreted in line with established legal principles.


Conclusion
This judgment reinforces the settled position of law that maintenance is not an automatic right and depends on the conduct of the parties. A spouse who leaves the matrimonial home without valid justification cannot later seek past maintenance as a matter of entitlement.