Whether a wife purposefully without the permission of husband gone for higher education and later without informing him went to another country and took a job entitled for permanent alimony? Latest decisions of Supreme Court on the subject
This amounts to willful desertion. If the wife is abandoning the matrimonial house without any sufficient cause or valid reason then she is not eligible for seeking maintenance or alimony.
The husband never made the illegal demand nor committed any kind of cruelty on her. She is without any
reasonable cause residing separately from him instead to maintain relationship as husband and wife. Under the circumstances, the wife is not entitled to receive any amount of maintenance from her husband.
“Under Sec.125 Cr.P.C a wife who is unable to maintain herself is entitled for maintenance. Under clause 4 of Sec.125 Cr.P.C., She is not entitled to receive such maintenance from her husband if, without any sufficient reason refuses to live with her husband.”
There are supreme court judgement too in this regard however for the present ajudgment by Madras high court is referred here which is :
Madras High Court. K.R. Sagayaraj vs Mrs.C. Rajammal
DATED: 12.11.2010 held that No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent