Can't deny aid to estranged wife for refusing to return

In a landmark ruling that strengthens a woman's right to autonomy, the Supreme Court on Friday held that a man cannot deny maintenance to his estranged wife solely because she refuses to live with him despite the husband securing a decree of restitution of conjugal rights.

- Utkarsh Anand

NEW DELHI: By issuing a decree of restitution of conjugal rights, a court orders a woman to return to her husband.

The judgment, delivered by a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar, clarified that there cannot be a blanket denial of maintenance under Section 125 of the Criminal Procedure Code (CrPC) to a wife who declines to return to her husband, even if a court has previously ruled in the husband's favour for restitution of conjugal rights.

The bench emphasised that myriad reasons could lead a woman to decide against resuming cohabitation with her husband, and such decisions should not render her destitute.