Wife Who Refused To Rejoin Husband Gets No Maintenance, While Karnataka HC Raises Daughter’s Support To ₹10,000 A Month From Order Date

The wife and minor daughter sought maintenance under Section 125 Cr.P.C.

The Family Court rejected the wife’s claim, finding that she had left the matrimonial home without sufficient reason, but awarded the daughter ₹4,000 per month from the date of the petition.

The wife challenged that order, seeking maintenance for herself and an increase in the daughter’s maintenance to ₹10,000 per month.

During the revision, the husband stated that he had obtained a divorce decree in 2024, which the wife had not challenged.

Section 125(4) Cr.P.C. disentitles a wife to maintenance where, without sufficient reason, she refuses to live with her husband.

The Court also relied on Mrs. K.R. Roopa v. Mr. B.M. Murlidar, RPFC No. 133/2024, decided on 25 August 2026, in considering the claim of a wife who had left the matrimonial home.

The Court acknowledged that a divorced wife may be entitled to maintenance, but stated that this question was not for determination in this revision.

The Court found that the wife’s evidence did not specify the nature of the alleged cruelty, and that she acknowledged the husband had asked her to return but declined because she believed he would continue to harass her.

The Court considered the trial court’s assessment of the evidence and concluded that the wife had not established sufficient reason for refusing to resume cohabitation; it therefore upheld the rejection of her claim under Section 125(4) Cr.P.C.

As to the daughter, the Court considered her age, school-going status, needs, and the husband’s KSRTC employment and stated salary, and found ₹4,000 per month inadequate.

The rejection of maintenance to the wife was confirmed.

The daughter’s maintenance was enhanced to ₹10,000 per month from the date of the High Court’s order, and the husband was directed to pay the full arrears of maintenance.