The fear of “monthly maintenance” often forces husbands to agree to unfair divorce settlements. At Delhi Law Advocates, we believe in a fact-based legal defense.
When Can Maintenance Be Denied?
Under Section 125(4) of the CrPC (and corresponding sections in BNSS), a wife is NOT entitled to receive allowance if:
- She is living in adultery.
- She refuses to live with her husband without sufficient reason.
- They are living separately by mutual consent.
Furthermore, recent Supreme Court judgments clarify that if a wife is well-qualified and capable of earning, she cannot sit idle and claim maintenance to burden the husband.