Wife residing separately without sufficient cause is disentitled to maintenance under Section 144 BNSS.

The applicants (wife and minor daughter) filed a revision against a Family Court order dated 24.11.2025

The parties were married on 24.01.2022, and a daughter was born from the wedlock

Following disputes over monetary issues and child-related expenses, the wife began residing at her parental home

Mediation and counseling failed as the respondent refused to take the wife back

The applicants filed for maintenance under Section 144 of the B.N.S.S.

The Family Court granted Rs. 3,000/- per month to the minor daughter (Applicant No. 2) but rejected the wife’s (Applicant No. 1) claim, concluding she resided separately without sufficient cause

The applicants moved the High Court seeking maintenance for the wife and an enhancement for the daughter

During the revision proceedings, a referral to mediation also failed as both parties remained absent

1. Whether the Family Court committed a jurisdictional error or illegality in denying maintenance to the wife on the ground of residing separately without sufficient cause

2. Whether the maintenance amount of Rs. 3,000/- per month awarded to the minor daughter was inadequate and required enhancement

Section 144 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) regarding the entitlement of a wife and child to maintenance

The Court primarily applied Section 144 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) regarding the entitlement of a wife and child to maintenance. It followed the principle that a wife is entitled to maintenance only if she has a "sufficient and reasonable cause" for living separately from her husband, and that findings of fact by a lower court regarding matrimonial discord and desertion should not be disturbed in revision unless there is a clear illegality or jurisdictional error

The High Court observed that the Family Court reached its conclusion after a thorough appreciation of the pleadings and material evidence

Although the wife contended that the respondent refused to keep her despite her willingness to reside with him, the Family Court recorded a specific finding that she failed to establish a "sufficient cause" for her separate residence

The High Court noted that the Family Court had afforded adequate opportunity to both parties and that its findings were based on a "proper appreciation of facts" regarding the circumstances of the dispute

the High Court emphasized that the parties failed to appear for mediation during the revisionary proceedings, resulting in a failure to reach an amicable settlement

the Court found no infirmity or illegality in the lower court's refusal to grant maintenance to the wife or its quantification of the child's maintenance

The court upheld the denial of maintenance to Applicant No. 1 and maintained the award of Rs. 3,000/- per month for Applicant No. 2

The trial court was directed to be informed of the compliance requirements